Frederick Smith, Jr. and Vanessa Smith - Page 10




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          explanation as to why this item should be treated as a loan when            
          OTFP records reflected the $32,500 as income.  We also note that            
          petitioners’ record of payments from FSZ ($68,920) is                       
          approximately consistent with the budget of $65,000.                        
               Based on the foregoing we conclude that the $32,500 was not            
          a loan, and respondent’s determination of omitted income is                 
          sustained.                                                                  
          2.   Section 6651(a)(1) Addition to Tax                                     
               Respondent determined that petitioners are liable for an               
          addition to file under section 6651(a)(1) for failure to file               
          their return timely.  The parties stipulated that petitioners               
          filed the return for the 1997 tax year late, on May 14, 1998.               
               Petitioners have not argued or presented any evidence that             
          would indicate that their failure to file timely was due to                 
          reasonable cause.  Accordingly, respondent’s determination is               
          sustained.                                                                  
          3.   Section 6662(a) Accuracy-Related Penalty                               
               Section 6662 provides that if any portion of any                       
          underpayment required to be shown on a return is due to                     
          negligence or disregard of the rules or regulations, then a                 
          taxpayer will be liable for a penalty equal to 20 percent of the            
          underpayment of tax required to be shown on the return that is              
          attributable to the taxpayer’s negligence or disregard of the               
          rules or regulations.  Sec. 6662(a) and (b)(1).  “Negligence”               
          includes any failure to make a reasonable attempt to comply with            




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