- 2 - 6662(a).1 After concessions, we decide the following issues: 1. Whether the burden of proof has been shifted to respondent by virtue of section 7491(a). We hold that the burden of proof remains with petitioners. 2. Whether petitioners underreported their Schedule C, Profit or Loss From Business, gross receipts by $137,221. We hold that they did. 3. Whether petitioners are liable for the accuracy-related penalty under section 6662(a). We hold that they are. FINDINGS OF FACT Some facts were stipulated. The stipulated facts and the accompanying exhibits are incorporated herein by this reference. We find the stipulated facts accordingly. Petitioners are married individuals who filed a joint 1998 Federal income tax return. When the petition was filed, petitioners resided in Palmdale, California. During 1998, petitioner2 owned and operated as a sole proprietorship a billiard hall named Playa Azul. Petitioners also owned certain residential rental real estate. On their 1998 tax return, petitioners reported total income of $95,373. Of 1 Section references are to the applicable version of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. 2 When used in a singular form, the term “petitioner” refers to Rafael M. Gutierrez.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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