Paul and Pauline D. Kessler - Page 16

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          basis, contemplating all the relevant facts and circumstances.              
          Sec. 1.6664-4(b)(1), Income Tax Regs.                                       
               Here, there is a substantial understatement of tax                     
          attributable to petitioners’ failure to report rental income in             
          1991.  The total understatement and the amount required to be               
          shown on the return was $17,097.  The amount of the                         
          understatement attributable to the unreported rental income was             
          $13,823.                                                                    
               There is no evidence in the record that respondent was                 
          erroneous in the application and computation of the accuracy-               
          related penalty.  Petitioners offered no argument or excuse for             
          their failure to report the rental income.  Accordingly, we hold            
          that respondent was not erroneous in his determination of a                 
          penalty.  See Esposito v. Commissioner, T.C. Memo. 2001-131.                


                                                  Decision will be                    
                                             entered for respondent.                  

















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