George G. Green - Page 37

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          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 to                   






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