- 19 - Section 451(a) provides the general rule that “any item of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under the method of accounting used in computing taxable income, such amount is to be properly accounted for as of a different period.” Petitioner, who reports this type of income on the cash method, must report income in the year it is actually or constructively received. See sec. 1.451-1(a), Income Tax Regs. We agree with petitioner that a check mailed on December 10, 1996, would likely have been received by petitioner during 1996 and thus be includable in 1996 income. With respect to the $165 check, respondent contends that the insurance recovery relates to a claim made by Cigarette City, a company owned by petitioner’s children. Petitioner contends that he reimbursed Cigarette City for the amount of the check. Petitioner, however, has not provided any credible evidence other than his own self-serving testimony that the reimbursement occurred. Accordingly, we hold that petitioner underreported his insurance reimbursement income by $165. VI. Accuracy-Related Penalties Under Section 6662 for Negligence or Disregard of the Rules or Regulations Section 6662 provides for a 20-percent penalty on any understatement of tax attributable to negligence or disregard of the rules or regulations, or any substantial understatement of income tax. Pursuant to section 6662(c), negligence includes anyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011