N. Joseph Calarco - Page 28

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               Respondent has asked for the imposition of penalties                   
          pursuant to section 6662.  To the extent that petitioner’s case             
          fails, it does so largely because petitioner’s records bear                 
          internal inconsistencies which make it difficult to rule in his             
          favor.  This is primarily a factual determination, and does not             
          indicate that petitioner has taken an “unreasonable position.”              
          Furthermore, petitioner did enter significant amounts of                    
          documentation into evidence.  We take this factual documentation            
          into account in weighing whether a taxpayer should be subject to            
          section 6662 penalties.  Kluener v. Commissioner, 154 F.3d 630,             
          637-38 (6th Cir. 1998).  Additionally, section 1.6662-3(b)(2),              
          Income Tax Regs., specifically provides for an exception from               
          penalties in case of taxpayer reliance on any one of a number of            
          IRS-issued materials, including the information materials to                
          which petitioner frequently cited.  Nevertheless, we uphold part            
          of  the accuracy-related penalty.  Sec. 6664(c)(1).  The penalty            
          is properly applied to those portions of the deficiency relating            
          to the disallowed deductions from category 7 (books, recordings,            
          video); category 11 (performances, viewing); and category 13                
          (miscellaneous cash).  Despite petitioner’s good faith efforts in           
          other areas, it is not credible to assert that he did not realize           
          the significant elements of personal benefit and documentation              
          issues inherent in these disallowed amounts.                                







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