- 9 - or for a prior tax year. Gertz v. Commissioner, 64 T.C. 598, 600 (1975).3 Petitioners contend that they included $2,219 in income in 1999. We disagree. Petitioners reported on their 1999 return that they received rent of $14,700 from the Crenshaw Blvd. property in 1999; they did not report any other income related to the Crenshaw Blvd. property on that return. We conclude that petitioners may not deduct $2,219 as a bad debt for 1999. G. Whether Petitioners Are Liable for the Accuracy-Related Penalty Respondent met the burden of production under section 7491(c) with respect to the accuracy-related penalty under section 6662 because petitioners conceded that they are not entitled to deduct certain charitable contributions, employee business expenses, miscellaneous expenses, and Schedule C losses, and they figured their tax liability for 1999 by computing depreciation using clearly improper methods.4 3 See also sec. 1.166-1(e), Income Tax Regs., which provides: Worthless debts arising from unpaid wages, salaries, fees, rents, and similar items of taxable income shall not be allowed as a deduction under section 166 unless the income such items represent has been included in the return of income for the year for which the deduction as a bad debt is claimed or for a prior taxable year. 4 We could also conclude that respondent has no burden of production under sec. 7491(c) where, as here, petitioners failed (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011