Ed and Patricia A. Montgomery - Page 15




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               There is no evidence in the record relevant to ascertaining            
          petitioners’ liability for the accuracy-related penalties with              
          respect to the unreported lawsuit proceeds:  Their authority or             
          rationale for reporting only a portion of the $30,000 payments              
          received from the lawsuit is unknown.  The fact that petitioners            
          reported the bulk of the payments--the portions representing                
          interest--indicates they may have been advised to exclude the               
          amounts representing principal on the authority of Bent v.                  
          Commissioner, 87 T.C. 236 (1986), affd. 835 F.2d 67 (3d Cir.                
          1987).  Regardless, because the record is devoid of any facts               
          concerning this issue, and because respondent bears the burden of           
          proof, we hold that petitioners are not liable for the increased            
          penalties sought by respondent in his amended answer.                       
               Petitioners, however, failed to show that SFIS was engaged             
          in a business, they did not produce books and records for SFIS,             
          they did not provide substantiation for any of the individual               
          expenses shown on the tax return of SFIS, and they did not show             
          any effort to assess their proper tax liability with respect to             
          the losses from SFIS claimed on their individual returns for the            
          years in issue.  We find petitioners to be negligent, and we                
          sustain respondent’s determination that petitioners are liable              
          for the accuracy-related penalties, with respect to the claimed             
          deductions for losses from SFIS.                                            








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