Ronald J. Lutz, Jr. and Paula M. Lutz - Page 20




                                       - 20 -                                         
          underpayment if it is shown that the taxpayer had reasonable                
          cause and acted in good faith.  Sec. 6664(c).                               
               Because this court proceeding arises in connection with an             
          examination commenced after July 22, 1998, respondent bears the             
          burden of producing sufficient evidence to support imposition of            
          the accuracy-related penalty; however, the burden remains on                
          petitioners to show that the reasonable cause exception applies.            
          See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447             
          (2001); Penn v. Commissioner, T.C. Memo. 2001-267.                          
               As previously discussed, the undisputed evidence shows that            
          petitioners had at least $86,705 in unreported gross income from            
          gambling, as determined by reference to the $91,000 of gambling             
          winnings as understated in the notice of deficiency.  Petitioners           
          have failed to substantiate gambling losses in excess of                    
          unreported gambling gross income omitted from the notice of                 
          deficiency.  The net result is a substantial understatement of              
          tax as defined in section 6662(d)(1)(A).                                    
               In determining whether a taxpayer acted with reasonable                
          cause and in good faith, the most important factor is the extent            
          of the taxpayer's effort to assess the proper tax liability.                
          Sec. 1.6664-4(b)(1), Income Tax Regs.  With respect to                      
          petitioners’ 1996 gambling activities, four casinos issued                  
          petitioners some 39 Forms W-2G, reporting aggregate gambling                
          winnings over $144,000–-an amount greater than petitioners’                 






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011