Perry Funeral Home, Inc. - Page 27

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          determination of any remaining substantial understatement is                
          primarily a computational matter, which we leave to the parties.            
               Accordingly, the burden rests on petitioner to show                    
          mitigating circumstances such as substantial authority, a                   
          reasonable basis, or reasonable cause.  Petitioner on brief                 
          claims to have had substantial authority, a reasonable basis,               
          reasonable cause, and good faith with respect to its reporting of           
          the preneed contract payments.  In contrast, petitioner directs             
          no comments to the various conceded adjustments, nor did                    
          petitioner introduce any evidence pertaining to these items.                
          Furthermore, although petitioner generally points out that its              
          returns were prepared by a professional tax adviser, again there            
          has been no showing whatsoever regarding what information                   
          petitioner supplied on the conceded items.  We therefore lack               
          grounds on which to conclude that the incorrect return resulted             
          from the preparer’s errors.  Respondent’s determination of the              
          section 6662 penalty is sustained to the extent warranted by                
          computations made in accordance with our holding for petitioner             
          on the preneed accounting issue.                                            
               To reflect the foregoing,                                              

                                                  An appropriate order will           
                                             be issued, and decision will             
                                             be entered under Rule 155.               







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Last modified: May 25, 2011