Peter and Mary Possas - Page 15




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          amount of the understatement exceeds the greater of either 10               
          percent of the tax required to be shown on the return for the               
          taxable year or $5,000.  Sec. 6662(d)(1)(A).                                
               The penalties provided for in section 6662 are not imposed             
          on any portion of an underpayment if it is shown that there was             
          reasonable cause for such portion and the taxpayer acted in good            
          faith with respect to that portion.  Sec. 6664(c)(1); sec.                  
          1.6664-4(b), Income Tax Regs.  Whether the taxpayer has acted               
          with reasonable cause and in good faith is determined by relevant           
          facts and circumstances, including the taxpayer’s own efforts to            
          assess his proper tax liability.  Sec. 6664(c); Stubblefield v.             
          Commissioner, T.C. Memo. 1996-537.                                          
               Petitioners conceded that they are not entitled to a claimed           
          deduction in 1995 of $8,532.  Petitioners failed to provide a               
          basis or an explanation for the claimed deduction.  We conclude             
          that they are liable for the section 6662(a) accuracy-related               
          penalty.                                                                    
               Petitioners admitted that they estimated income and expenses           
          from the hairdressing activity on their 1996 return.  Petitioners           
          produced a limited number of relevant documents (e.g., copies of            
          canceled checks, copies of appointment books, and copies of a               
          journal of certain expenses).  Petitioners also conceded receipt            
          of a taxable award from Mr. Possas’s employer for 1996.                     








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