Larry T. Cooper - Page 13

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               The Court finds that Mrs. Cooper did not engage in her                 
          horse-barrel racing activities in 2001 with the primary objective           
          of making a profit and therefore sustains respondent’s                      
          determination that petitioner is not entitled to deduct any                 
          amount in excess of the income derived from Mrs. Cooper’s horse-            
          related activities.                                                         
          B.   Additions to Tax                                                       
               1.   Section 6651(a)(1) and (2)                                        
               Under section 7491(c), the Commissioner has the burden of              
          production in any court proceeding with respect to the liability            
          of any individual for any penalty or addition to tax.  Higbee v.            
          Commissioner, 116 T.C. 438, 446-447 (2001).  In order to meet his           
          burden of production, the Commissioner must come forward with               
          sufficient evidence indicating that it is appropriate to impose             
          the addition to tax in the particular case.  Id. at 446.  Once              
          the Commissioner meets his burden of production, the taxpayer               
          must come forward with evidence sufficient to persuade a court              
          that the Commissioner’s determination is incorrect.  Id. at 447.            
               Respondent determined that petitioner is liable for                    
          additions to tax for:  (1) Failure to timely file a return for              
          taxable year 2001 pursuant to section 6651(a)(1); and (2) failure           
          to make timely payment of tax pursuant to section 6651(a)(2).               
          Section 6651(a)(1) imposes an addition to tax for failure to                
          timely file a tax return.  The addition to tax is equal to 5                






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