Craig A. Penfield - Page 17




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          Parker’s pension distributions.  As stated above, we find that              
          petitioner had knowledge of Mrs. Parker’s pension distributions.            
          Petitioner also received a significant benefit from Mrs. Parker’s           
          pension distributions.  Shortly after the pension distributions             
          were deposited in the joint money market account, petitioner                
          withdrew almost all of the money market account funds.  Although            
          petitioner was required to return some of the withdrawn funds, he           
          ultimately received a portion of the funds in the divorce                   
          settlement.  Additionally, since the taxable year 1997,                     
          petitioner has not complied with all Federal tax laws.                      
          Petitioner testified that he had never reported any sales or                
          income from the small business he has continued to maintain.                
               Petitioner also failed to establish economic hardship.                 
          Despite petitioner’s claim of monthly income limited to $704 from           
          SSA, petitioner continued to maintain his small business of                 
          selling antiques and collectibles.  At trial, respondent provided           
          evidence that from September of 1998 through November of 2001,              
          petitioner purchased over 190 items totaling more than $22,000              
          from just one Internet bidding service.  Petitioner claims he did           
          not receive some of the items.  Even if we reduce the amount by             
          25 percent, $16,500 is a substantial expense.                               
               Under the facts and circumstances presented in this case, we           
          hold that respondent did not abuse his discretion in denying                
          equitable relief to petitioner under section 6015(f) with respect           
          to the unreported income items or the section 6662(a) accuracy-             
          related penalty.                                                            





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