B. Suri - Page 11

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          net investment income.  Petitioner had net investment income of             
          $1,744 in 1999.                                                             
               Under section 163(d)(4)(B), a taxpayer may elect to increase           
          net investment income by net capital gain from property held for            
          investment.  The election, however, must be made on or before the           
          due date, including extensions, of the tax return for the year in           
          which the net capital gain is recognized.  Sec. 1.163(d)-1,                 
          Income Tax Regs.  Because petitioner did not file a timely                  
          return, he is not entitled to the election.                                 
               Petitioner has offered no evidence or argument with respect            
          to respondent’s disallowance of his claimed investment interest             
          expense.  Respondent’s determination in this regard is sustained.           
          Section 6651(a)                                                             
               Petitioner contends that he was not required to file a tax             
          return for 1999 because no tax was due.  The stipulated amounts             
          of income that he received during that year, however, far exceed            
          the threshold requirements for individuals to file returns.                 
          Respondent has carried the burden of production imposed by                  
          section 7491(c).  See Higbee v. Commissioner, 116 T.C. 438, 447             
          (2001).  In order to avoid the penalty under section 6651(a),               
          petitioner must establish reasonable cause for his failure to               
          file.   His purported belief, clearly mistaken, is not reasonable           
          cause.  There is no indication that petitioner sought competent             
          professional advice with respect to his 1999 tax return.  Even if           






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