- 13 - $39,274 as expenses incurred in petitioner’s consulting business. We note that petitioner prepared his own 1996 Federal income tax return. Under section 7491(c), respondent must carry the “burden of production” with respect to the question of whether petitioners are liable for penalties, including the accuracy-related penalty. See Higbee v. Commissioner, 116 T.C. ___, ___, (2001) (slip op. at 14). We have concluded that the burden of production required of the Commissioner is that he “must come forward with sufficient evidence indicating that it is appropriate to impose” the accuracy-related penalty. Id. at ___ (slip op. at 15). There is sufficient evidence in this record to support our holding that respondent has met the above-described burden. Petitioners’ very act of veiling their claim of expenses for their daughter’s domestic relations litigation as part of an engineering consulting business shows that they acted negligently and not with good faith. Petitioners’ reporting position gave the false impression that the $39,274 was being claimed in a Schedule C activity that was connected with “Engineering”. In addition, petitioners’ attempt to claim what are clearly personal expenditures as a business item supports the imposition of the penalty. Under these circumstances, we find petitioners liable for the accuracy-related penalty of section 6662(a) with respect to the portion of the underpayment attributable to their claim ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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