Donnie F. Schroeder - Page 8




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          Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).            
          We are not required to accept the self-serving statements of                
          petitioner as the truth.                                                    
               On this record, we hold that petitioner had unreported items           
          of gross income in the taxable year 1996 as determined by                   
          respondent.  Accordingly, we sustain respondent’s determination             
          of petitioner’s income tax deficiency with respect to the 1996              
          taxable year.                                                               
               Finally, we must decide whether petitioner is liable for the           
          section 6662(a) accuracy-related penalty for the 1996 taxable               
          year.  Taxpayers are liable for an accuracy-related penalty in              
          the amount of 20 percent of the portion of an underpayment of tax           
          attributable to any substantial understatement of income tax.               
          Sec. 6662(a) and (b)(2).  A “substantial understatement” is an              
          understatement for the taxable year exceeding the greater of 10             
          percent of the proper tax or $5,000.  Sec. 6662(d)(1)(A).  No               
          penalty will be imposed with respect to any portion of any                  
          underpayment if it is shown that there was a reasonable cause for           
          such portion and that the taxpayer acted in good faith with                 
          respect to such portion.  Sec. 6664(c).  This determination is              
          based on all the facts and circumstances.  Sec. 1.6664-4(b)(1),             
          Income Tax Regs.                                                            
               As mentioned, section 7491(c) imposes on respondent the                
          burden of production of evidence that the section 6662(a) penalty           






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