- 9 - sustained on the section 6662(a) penalty with respect to these two items. Respondent did not determine that the section 6662(a) penalty was applicable to petitioner's Schedule C disallowed expenses; however, as noted above, respondent determined that the penalty was applicable to the payments petitioner received from Metropolitan Life Insurance Co. With respect to this adjustment, the Court notes that the payor, Metropolitan Life Insurance Co., withheld $119 in taxes on the taxable portion of the distribution. On petitioner's income tax return, on page 2 of Form 1040, line 52, Federal income tax withheld from Forms W-2 and 1099, petitioner claimed a credit of $3,779 for prepaid taxes. However, on the Information Returns Master File Transcript that respondent offered into evidence, the transcript reveals that petitioner's prepayments of tax through withholdings totaled $3,895. The difference between the transcript amount and the amount petitioner claimed as a prepayment credit on his return is $116. Since both the tax return and the transcript used rounded numbers, it is evident to the Court that, while petitioner and his wife failed to report the Metropolitan Life Insurance Co. income, they likewise failed to claim as a credit the taxes that had been withheld by Metropolitan Life Insurance Co. on the distributions made to petitioner. Therefore, the Court is not convinced that petitioner negligently orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011