Michael P. and Pamela J. Hopkins - Page 21

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          (2) rejected petitioners’ position that they are entitled to Mr.            
          Hopkins’s claimed Schedule C deduction of $67,084 that petition-            
          ers originally claimed in petitioners’ Schedule E as part of the            
          nonpassive loss of $103,150 from Mr. Hopkins’s S Corporation.23             
          On the record before us, we find that respondent has satisfied              
          respondent’s burden of production under section 7491(c) with                
          respect to the accuracy-related penalty under section 6662(a)               
          determined in the notice.                                                   
               Petitioners argue that respondent’s determination under                
          section 6662(a) is wrong because “there is substantial authority            
          for the Sole Proprietorship and the Subchapter S Corporation’s              
          tax treatment of the expenses for advertising and promotion.”               
          (We shall refer to that argument as petitioners’ substantial                
          authority argument.)  Although respondent bears the burden of               
          production with respect to the accuracy-related penalty at issue,           
          respondent “need not introduce evidence regarding reasonable                
          cause, substantial authority, or similar provisions. * * * the              
          taxpayer bears the burden of proof with regard to those                     
          issues.”24  Higbee v. Commissioner, 116 T.C. at 446.                        


               22(...continued)                                                       
          nonpassive loss was equal to the sum of (1) Mr. Hopkins’s S                 
          Corporation’s claimed 1999 ordinary loss of $36,066 and (2) Mr.             
          Hopkins’s automobile racing expenditures of $67,084 claimed in              
          Statement SBE included as part of petitioners’ 1999 joint return.           
               23See supra note 22.                                                   
               24We thus reject petitioners’ argument that respondent                 
                                                             (continued...)           




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