Hoora Rahimi and Isaac William Hammond - Page 8

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               2.  Petitioners' Schedule E                                            
               During 1999, petitioners owned a house in Lithonia, Georgia.           
          Petitioner received approval from DeKalb County, Georgia, to                
          participate in its public assistance program.  Petitioner                   
          received rents of $11,405 for his tenants from DeKalb County                
          under that program.  On their Schedule E for 1999, petitioners              
          reported a rental real estate loss of $2,635 from the rental of             
          the house.                                                                  
               Petitioners offset the rental real estate loss against the             
          wage income earned from Eli Lilly.  Respondent disallowed                   
          petitioners' rental real estate loss.                                       
          C.  Accuracy-Related Penalty                                                
               Respondent also determined that petitioners are liable for             
          an accuracy-related penalty under section 6662(a).                          
                                     Discussion                                       
               Under section 7491(a)(1), the burden of proof may shift to             
          the Commissioner.  Because petitioners failed to meet the                   
          requirements of section 7491(a)(2), the burden of proof does not            
          shift to respondent in this case.  As to the accuracy-related               
          penalty, respondent has the burden of production; the burden of             
          persuasion remains with petitioners.  See sec. 7491(c); Higbee v.           
          Commissioner, 116 T.C. 438, 446-447 (2001).                                 
               Respondent's determinations are presumed correct, and                  
          petitioners bear the burden of proving otherwise.  Welch v.                 






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