- 37 - to what petitioner told the preparer, what the preparer told petitioner, and whether or not petitioner’s reliance on any advice from the preparer was reasonable. See sec. 1.6664-4(c), Income Tax Regs. Penalties are sustained for 1996 through 1999 for substantial understatement of tax. Petitioner has made no argument that penalties should not be sustained to the extent of the disallowed deductions. Petitioner has not cited any substantial authority as to why penalties should not be sustained. Petitioner has not cited any substantial authority to support his argument that he was in a trade or business and allowed to deduct his expenses under section 162. It was unreasonable and thus negligent for petitioner simultaneously to exclude income and claim deductions for the expenses incurred in the collection of that income. Penalties are sustained to the extent of the disallowed deductions for 1995 through 1999. Section 6651(a) Addition to Tax Respondent determined the addition to tax for late filing because petitioner did not file his 1999 return until October 16, 2000. There is no evidence that petitioner applied for an extension of time to file his return. To avoid the addition to tax for filing a late return, petitioner has the burden of proving that the failure to file timely did not result from willful neglect and was due toPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011