Norma A. Cohen - Page 8

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          forward with evidence that a penalty is appropriate, respondent             
          generally is regarded as having satisfied his burden of                     
          production, and the taxpayer continues to have the burden of                
          proof with regard to whether a penalty should be imposed.  See H.           
          Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995.                   
               The Form 1099-R mailed by Dreyfus to petitioner clearly                
          reflected that the entire $60,000 distribution constituted the              
          “taxable amount” of the distribution and that no Federal income             
          tax was withheld from the distribution.  Under the regulations,             
          negligence is indicated where a taxpayer fails to include on her            
          tax return an amount shown as taxable income on an information              
          return.  Sec. 1.6662-3(b)(1)(i), Income Tax Regs.                           
               Despite petitioner’s uncorroborated testimony that she never           
          actually received the Form 1099-R mailed by Dreyfus to                      
          petitioner, petitioner does not deny receiving an annual                    
          statement that characterized the $60,000 distribution as a                  
          “Premature Distribution”, and petitioner acknowledges that she              
          completed and signed the distribution request form, which                   
          reflected a specific request not to apply income tax withholding            
          to the distribution.                                                        
               The evidence does not establish that petitioner had a                  
          reasonable basis for not reporting the $60,000 distribution on              
          her 1999 Federal income tax return.  We conclude that petitioner            
          is liable for the section 6662(a) accuracy-related penalty.                 






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