- 5 - reimbursed petitioner for his expenses and for purchasing equipment. Furthermore, it is unlikely that petitioner received $10,000 more than Mr. Burgess. We conclude that petitioner received $30,000 ($600 per week x 50 weeks) of gross income in 1999 from Treu Air. With respect to the accuracy-related penalty, we sustain respondent.3 Section 6662(a) provides that “there shall be added to the tax an amount equal to 20 percent of the portion of the underpayment to which this section applies.” Section 6662(b) applies the section to underpayments due to negligence. Negligence includes the failure to make a reasonable attempt to comply with the tax laws and to keep adequate books and records. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Petitioner was well aware that he had received gross income from Treu Air. Moreover, he had received the Form 1099-MISC. While it may be that he was unsure of the correct amount of income, he failed to take any action to determine that amount, and he simply reported no income. Negligence is strongly indicated where a taxpayer fails to include in income the amount shown on an information return. Sec. 1.6662-3(b)(1)(i), Income Tax Regs. At best, his failure to report the income from Treu Air was negligent. 3 Respondent has satisfied his burden of production under sec. 7491(c).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011