Claudia F. Walker - Page 22

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          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 ordinary             






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