Claudia F. Walker - Page 23

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          and reasonable care in the preparation of a tax return.  Sec.               
          6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  The term                    
          “disregard” includes any careless, reckless, or intentional                 
          disregard.  Sec. 6662(c).  A taxpayer’s disregard is                        
          “intentional” if the taxpayer knows of the rule or regulation               
          that is disregarded.  Sec. 1.6662-3(b)(2), Income Tax Regs.                 
          Respondent has the burden of production under section 7491(c) and           
          must come forward with sufficient evidence indicating that it is            
          appropriate to impose the penalty.  See Higbee v. Commissioner,             
          116 T.C. 438, 446-447 (2001).  Once respondent meets his burden             
          of production, the taxpayer must come forward with persuasive               
          evidence that respondent’s determination is incorrect.  Id.                 
               As discussed above, petitioner was advised as to the tax               
          consequences of her transactions involving the Happy Valley                 
          property by Coburn in his correspondence of May 1, 1997.  Even              
          though petitioner was aware of the tax consequences of these                
          transactions, her 1997 and 1998 returns do not reflect the                  
          correct amount of gain that she recognized on the sale of her               
          undivided 50-percent interest in the Happy Valley property                  
          because she failed to provide to Coburn the Settlement Agreement            
          and quitclaim deed that transferred Mr. Walker’s 25-percent                 
          interest in the Happy Valley property to her.  (When Mr. Walker             
          filed an amended return for 1997, petitioner made a                         
          misrepresentation to Coburn by stating that the transaction                 






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