David M. and Teri L. Saykally - Page 36

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          petitioners a deduction for the amounts shown on their 1994 and              
          1996 returns, without definitive evidence showing the amounts                
          expended and the purposes of the expenditures, would be “unguided            
          largesse”.  See Jacoby v. Commissioner, supra.                               
               Since petitioners failed to identify their deductions and               
          the specific amounts, the knowledge of which is unique to them,              
          we uphold respondent’s determination that petitioners are not                
          entitled to claim deductions in excess of those amounts                      
          determined in the notice of deficiency.                                      
          C.  Accuracy-Related Penalties                                               
               Respondent determined penalties pursuant to section 6662 in             
          the amounts of $2,346, $3,354, and $126,858 for the taxable years            
          1994, 1995, and 1996, respectively.  Respondent based his                    
          determination on negligence or disregard of the tax rules and                
          regulations and/or a substantial understatement of income tax.               
          Respondent’s determination is presumed correct, and the burden               
          lies with petitioners to demonstrate that respondent’s penalty               
          determination was in error.25  Rule 142(a).                                  
               Section 6662(a) imposes a 20-percent penalty on the portion             
          of an underpayment of tax attributable to, inter alia, negligence            
          and/or a substantial understatement of income tax.  Sec. 6662(a)             
          and (b).  “Underpayment” is defined as the amount by which the               
          tax imposed exceeds the excess of the sum of the amount shown by             

               25See supra note 13.                                                    





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