Albert M. Graham and Martha A. Graham - Page 52

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          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).                









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