Rafael M. and Rosario Gutierrez - Page 11

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          Petitioners proffered no evidence to prove such payment.                    
          Therefore, as U.S. citizens or residents, petitioners must pay              
          U.S. taxes in full, and the Treaty provides no relief to them in            
          the present case.                                                           
               We observe that despite petitioners’ allegations, sections             
          871 and 992 have no application here.  Section 871 does not apply           
          because petitioners are residents of the United States.                     
          Likewise, section 992 does not apply because petitioners’                   
          billiard hall was not a corporation.                                        
               In view of the above, we hold that petitioners have failed             
          to establish that the excess bank deposits came from a nontaxable           
          source or were otherwise exempt from U.S. tax.  Accordingly, we             
          sustain respondent’s determination with respect to the unreported           
          income in the amount of $137,221.                                           
          III. Accuracy-Related Penalty                                               
               Section 6662 provides that a taxpayer may be liable for a              
          penalty of 20 percent on the portion of an underpayment which is            
          attributable to, among other things, substantial understatement             
          of tax.8  The term “understatement” for that purpose means the              
          excess of the amount of tax required to be shown on the return              
          for the taxable year, over the amount of tax imposed which is               

               8 Respondent also alleged negligence on part of petitioners            
          for the purpose of providing an additional ground for imposing an           
          accuracy-related penalty.  In that we decide the accuracy-related           
          penalty issue on the basis of understatement, we need not and do            
          not address this argument.                                                  





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