Albert M. Graham and Martha A. Graham - Page 51

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          business records.  Lewellen credibly testified that he did not              
          know that petitioners improperly deducted personal expenses as              
          business expenses on their 1998 return.  We reject petitioners’             
          attempt to shift the blame to Edgar for their deduction of                  
          personal expenses as business expenses because petitioners                  
          continued to improperly deduct personal expenses, such as                   
          payments to their home gardener and to Kim Sterling for flowers,            
          in 1999 after Edgar left.                                                   
          E.   Accuracy-Related Penalty                                               
               Respondent contends that petitioners are liable for the                
          accuracy-related penalty for negligence on the portion of the               
          underpayment of their tax for each of the years 1998 and 1999               
          that is not due to fraud.  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.  Sec. 6662(b).             
          However, section 6662 does not apply to any portion of an                   
          underpayment subject to the fraud penalty under section 6663.               
          Id.  In the case of a joint return where one spouse is found                
          liable for fraud, the accuracy-related penalty cannot be imposed            
          on the other spouse because imposing the accuracy-related penalty           
          on the other spouse, sec. 6663(c), would result in “impermissible           
          stacking”.  Zaban v. Commissioner, T.C. Memo. 1997-479.                     
               In court proceedings arising in connection with examinations           
          beginning after July 22, 1998, section 7491(c) places on the                






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