- 36 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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