Clifford L. Brody and Barbara J. Declerk - Page 20

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          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 respect             






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