- 22 - 868, 881 (5th Cir. 1995), affg. T.C. Memo. 1993-634; Cramer v. Commissioner, 101 T.C. 225, 251 (1993), affd. 64 F.3d 1406 (9th Cir. 1995); Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978); Pessin v. Commissioner, 59 T.C. 473, 489 (1972); Garcia v. Commissioner, T.C. Memo. 1998-203, affd. without published opinion 190 F.3d 538 (5th Cir. 1999). The notice of deficiency issued to petitioners asserted applicability of the section 6662(a) penalty on account of both negligence and/or substantial understatement. (The notice also referenced substantial valuation overstatement as an additional alternative ground, see sec. 6662(b)(3), but since valuation was not a focus of this case, we disregard the apparent boilerplate reference.) Based upon our holdings above, the evidence has now established that petitioners understated their taxes by more than the greater of $5,000 or 10 percent of the tax required to be shown. In addition, we observe that there exists no substantial authority for deduction of unsubstantiated expenses and that petitioners’ return disclosed no facts related to their claimed expenses. Accordingly, respondent has satisfied the burden of production under section 7491(c) with respect to the section 6662(a) penalty for substantial understatement. We also note, for the sake of completeness, that petitioners’ demonstratedPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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