- 22 - that interest and to enjoy the benefit of that income when it was paid to her by Parker Development. One of the general principles of tax law is that income is taxed “to those who earn or otherwise create the right to receive it and enjoy the benefit of it when paid.” Helvering v. Horst, 311 U.S. 112, 119 (1940). This general principle dictates that the gain that was recognized on the sale of petitioner’s interest in the Happy Valley property was taxable to her. Consequently, no effect can be given to an agreement between petitioner and Mr. Walker as to how the gain on the sale of her interest in the Happy Valley property was going to be reported on her 1997 and 1998 returns. See Pesch v. Commissioner, 78 T.C. 100, 129 (1982); Neeman v. Commissioner, 13 T.C. 397, 399 (1949), affd. per curiam 200 F.2d 560 (2d Cir. 1952); Estate of Ballantyne v. Commissioner, T.C. Memo. 2002-160, affd. sub nom. Ballantyne v. Commissioner, 341 F.3d 802 (8th Cir. 2003); Bonner v. Commissioner, T.C. Memo. 1979-435. Section 6662 Accuracy-Related Penalty Respondent determined accuracy-related penalties under section 6662(a). Under section 6662(a), a taxpayer may be liable for a penalty of 20 percent on the portion of an underpayment of tax due to, inter alia, negligence or disregard of the rules or regulations. Sec. 6662(b)(1). The term “negligence” includes any failure to make a reasonable attempt to comply with the provisions of the internal revenue laws or to exercise ordinaryPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011