Donnie F. Schroeder - Page 9




                                        - 9 -                                         
          is appropriate, but respondent need not produce evidence                    
          regarding reasonable cause.  Higbee v. Commissioner, 116 T.C.               
          438, 446-447 (2001).                                                        
               Petitioner substantially understated his income tax                    
          liability for the 1996 taxable year because he reported a income            
          tax liability of zero.  Respondent provided the amount and                  
          sources of the unreported gross income determined in the 1996               
          notice of deficiency and the amendment to answer.  Petitioner’s             
          income tax liability substantially exceeds the amount shown on              
          his 1996 return.  On the record before the Court, we find that              
          respondent has satisfied the burden of production with respect to           
          the accuracy-related penalty under section 6662(a).  Petitioner             
          presented no evidence indicating reasonable cause for the                   
          understated income.  Accordingly, we sustain the imposition of              
          the accuracy-related penalty.                                               


                                                  Decisions will be entered           
                                             for respondent.                          

















Page:  Previous  1  2  3  4  5  6  7  8  9  

Last modified: May 25, 2011