Ali Motaghayer - Page 10




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          Consequently, we are unable to conclude that these deposits were            
          made from nontaxable sources.  Respondent’s determination that              
          petitioner’s 1995 income was understated by the total of these              
          deposits is therefore sustained.                                            
          2.  Self-Employment Tax                                                     
               We accept petitioner’s claim that with the exception of                
          Submarine 21, he was not otherwise employed, or self-employed               
          during 1995.  To the extent that Submarine 21 was the source of             
          the omitted income as determined above, that income would not               
          constitute net earnings from self-employment, see sec. 1402, and            
          therefore would not be subject to the section 1401 tax imposed on           
          such income.  Consequently, we reject respondent’s determination            
          that the omitted income is subject to the section 1401 tax.                 
          3.  Negligence Penalty                                                      
               Respondent determined that the understatement of tax                   
          required to be shown on petitioner’s 1995 return is due to                  
          negligence.  Section 6662(a) imposes an accuracy-related penalty            
          of 20 percent on any portion of an underpayment of tax that is              
          attributable to negligence or disregard of rules or regulations.            
          Section 6662(a) defines “negligence” to include any failure to              
          make a reasonable attempt to comply with the Internal Revenue               
          Code, and defines “disregard” to include any careless, reckless,            
          or intentional disregard of rules or regulations.  The negligence           
          penalty does not apply to any portion of an underpayment if it is           






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