Richard William Corduan - Page 8

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          aside from a few summary schedules, presented no evidence to                
          support the claimed loss or the underlying expenses listed on the           
          Schedule C.                                                                 
               Furthermore, early in 1999 petitioner admitted to two                  
          agencies of the Wisconsin State government that Daybreak had not            
          engaged in any business activity since 1995 and was                         
          "nonexistent".  Petitioner has not explained how Daybreak could             
          incur trade or business expenses in 1999 if it was not engaged in           
          a trade or business and was nonexistent.  The Court therefore               
          upholds respondent's disallowance.                                          
          Accuracy-Related Penalty                                                    
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment attributable to any one of several factors,              
          including negligence or disregard of rules or regulations and a             
          substantial understatement of income tax.  See sec. 6662(b)(1)              
          and (2).                                                                    
               "Negligence" includes any failure to make a reasonable                 
          attempt to comply with the provisions of the Internal Revenue               
          Code, including any failure to keep adequate books and records or           
          to substantiate items properly.  A "substantial understatement"             
          includes an underpayment of tax of $5,000 or more.  See sec.                
          6662(c) and (d); secs. 1.6662-3(b)(1) and 1.6662-4(b), Income Tax           
          Regs.                                                                       








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