- 52 - Commissioner the burden of producing evidence that it is appropriate to impose the accuracy-related penalty for negligence under section 6662(a). Section 7491(c) applies because the examination of petitioners’ returns for 1998 and 1999 (two of the tax years in issue) began after July 22, 1998. To meet the burden of production under section 7491(c), the Commissioner must produce evidence showing that it is appropriate to impose the particular penalty, but need not produce evidence relating to defenses such as reasonable cause or substantial authority. Higbee v. Commissioner, 116 T.C. 438, 446 (2001); H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995. Respondent has met the burden of production with respect to the negligence penalty because the record shows that petitioners knowingly understated their income and claimed improper deductions for personal expenses. See Snyder v. Commissioner, T.C. Memo. 2001-255; Caralan Trust v. Commissioner, T.C. Memo. 2001-241. Petitioners have not shown that they acted with reasonable cause or in good faith. They claim that they took reasonable steps to report their income and that the deficiencies were de minimis. We disagree that they acted reasonably to avoid the errors discussed herein, and that the negligence penalty does not apply to errors of this magnitude. See sec. 6662(b)(1).Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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