-12- The only evidence linking the debt to 1998 is Ms. Hauser’s discharge in bankruptcy for that year. We find no connection between Ms. Hauser’s bankruptcy and the claimed bad debt. Ms. Hauser was not the debtor, and she was not connected to the business. Moreover, petitioner has not shown how Ms. Hauser could otherwise be liable for Brooks Foods’ debts. Accordingly, we find her bankruptcy discharge is of no consequence to the worthlessness of the debt. In fact, the 1995 letter to petitioner from Ms. Hauser’s attorneys indicated to petitioner that he would not likely collect from Ms. Hauser. Petitioner did not introduce any evidence of actions petitioner took with respect to the debt from 1995 to 1998. Unfortunately, it appears that Mr. Hauser duped petitioner the same as Ms. Hauser’s attorneys stated that Mr. Hauser had duped others. We are convinced that any debt of Brooks Foods to Egan Oil had no value before 1998. Petitioner may not, therefore, deduct the debt owed by Brooks Foods in 1998 because petitioner has not substantiated the amount of the deduction nor shown that it became worthless in 1998. IV. Accuracy-Related Penalty We turn now to respondent’s determination in the deficiency notice that petitioner is liable for the accuracy-related penalty under section 6662. Respondent has the burden of production under section 7491(c) and must come forward with sufficient evidence that it is appropriate to impose the penalty. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011