Charles B. Owens and Sally L. Owens - Page 18




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          Since the penalty equaled 20 percent of the alleged underpayment            
          attributable to the discharge of indebtedness issue, the ratio of           
          nonrecoverable costs to recoverable costs is 5:1.  Applying that            
          ratio to petitioners’ eligible costs of $8,697.49, we determine             
          that petitioners are entitled to recover $1,449.58.                         
          IV.  Summary                                                                
               We find that (1) respondent’s position with respect to the             
          discharge of indebtedness issue was substantially justified,                
          (2) respondent’s position with respect to the imposition of the             
          accuracy-related penalty was not substantially justified, and               
          (3) the amount of petitioners’ recoverable costs allocable to the           
          penalty issue is $1,449.58.                                                 
               To reflect the foregoing,                                              

                                                  An appropriate order and            
                                             decision will be entered.                
                                                                                     












               13(...continued)                                                       
          taxpayers prevailed in that endeavor).                                      





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