Hien X. Pham - Page 11




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          with respect to penalties and additions to tax.  Sec. 7491(c).              
          To meet the burden of production under section 7491(c), the                 
          Commissioner must come forward with evidence showing that it is             
          appropriate to impose the particular penalty but need not                   
          introduce evidence of elements such as reasonable cause or                  
          substantial authority.  Higbee v. Commissioner, 116 T.C. 438, 446           
          (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747,             
          995.  The request for an extension is not in the record, and,               
          thus, we cannot tell how much tax petitioner estimated was due.             
          There is no evidence to support respondent’s allegation that                
          petitioner’s extension is invalid, or that petitioner did not               
          properly estimate the amount of tax due and remit the estimated             
          tax with the extension request.  We conclude that respondent has            
          failed to meet the burden of production under section 7491(c),              
          that petitioner’s extension is valid, and that he is not liable             
          for the addition to tax for failure to timely file his 1997                 
          income tax return.                                                          
          E.   Whether Petitioner Is Liable for the Accuracy-Related                  
               Penalty                                                                
               Taxpayers are liable for a penalty equal to 20 percent of              
          the part of the underpayment attributable to negligence or                  
          disregard of rules or regulations.  Sec. 6662(a) and (b)(1).                
          Negligence includes failure to make a reasonable attempt to                 
          comply with internal revenue laws or to exercise ordinary and               
          reasonable care in preparing a tax return.  Sec. 6662(c).                   





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