John R. Hernandez - Page 11




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          other taxpayers.  Instead, petitioner completely failed to                  
          demonstrate that the copayees reported the interest income on               
          their Federal income tax returns.  Furthermore, the evidence in             
          the record leaves no doubt that petitioner exercised dominion and           
          control over such interest income when he deposited the amounts             
          received from the redemption of the tax certificates into his own           
          bank account.  Items over which a taxpayer has dominion and                 
          control are attributable to him and must therefore be included in           
          income.  See Hernandez I.  The petition in this case was filed on           
          November 16, 1998, after the opinions in Hernandez I and                    
          Hernandez II had been issued.  Because of his professional                  
          training and business experience, petitioner either knew or                 
          should have known that the income in dispute was includable in              
          gross income and plainly should not simply have been omitted from           
          petitioner’s tax return.                                                    
               Accordingly, we hold that petitioner is liable for an                  
          accuracy-related penalty pursuant to section 6662(a) as                     
          determined by respondent.                                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             for respondent.                          






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