- 19 - the proper tax liability. Stubblefield v. Commissioner, supra; sec. 1.6664-4(b)(1), Income Tax Regs. Respondent has met his burden of production with respect to the accuracy-related penalty under section 6662(a). After sustaining the determinations made by respondent in regard to petitioners’ 1999 Federal income tax return, petitioner is liable for a deficiency in excess of $25,000. As such, petitioner is liable for an accuracy-related penalty attributable to a substantial understatement of tax. In regard to the section 6664 exception, we find that petitioners did not act with reasonable cause and in good faith. Petitioner Brody, who has a background in accounting, prepared the 1999 corporate return for KOA and the 1999 tax return for petitioners. Petitioner DeClerk’s car depreciation expense was claimed twice on the 1999 tax return, once as part of their itemized deductions on Schedule A and again as a deduction on her Schedule C. Petitioners claimed on their 1999 tax return various deductions associated with a purported loan between KOA and petitioners; however, KOA did not report any loans from shareholders on its 1999 corporate return. Based upon these facts and circumstances, and indeed the entire record, we find that petitioners did not take reasonable steps to comply with reporting of income and deductions and did not act in good faith. Accordingly, we sustain respondent’s determination with respectPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011