Efrain J. and Josefina Xuncax - Page 22




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          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’ demonstrated                










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