- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011