Lyndon D. Sinele - Page 6

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          made to petitioner in 2000.  The documentary evidence establishes           
          that Dynamex paid petitioner $29,490.83 in nonemployee                      
          compensation in 2000.  Petitioner’s claim that he did not receive           
          this income is without merit.  Accordingly, we sustain                      
          respondent’s deficiency determination.                                      
          II. Section 6662 Penalty                                                    
               Pursuant to section 6662(a), a taxpayer may be liable for a            
          penalty of 20 percent on the portion of an underpayment of tax              
          due to negligence or disregard of rules or regulations or a                 
          substantial understatement of income tax.  Sec. 6662(b).  An                
          “understatement” is the difference between the amount of tax                
          required to be shown on the return and the amount of tax actually           
          shown on the return.  Sec. 6662(d)(2)(A).  A “substantial                   
          understatement” exists if the understatement exceeds the greater            
          of (1) 10 percent of the tax required to be shown on the return             
          for a taxable year or (2) $5,000.  See sec. 6662(d)(1).                     
               Section 7491(c) provides that the Commissioner shall bear              
          the burden of production with respect to the liability of any               
          individual for penalties.  The Commissioner, however, does not              
          have the obligation to introduce evidence regarding reasonable              
          cause or substantial authority.  Higbee v. Commissioner, 116 T.C.           
          438, 446 (2001).  The evidence establishes that petitioner’s                
          understatement for 2000 exceeds the greater of 10 percent of the            








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