Robert C. Kolbeck - Page 9

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          testimony regarding his cost of sales other than his testimony              
          that he paid his drivers in cash.                                           
               Because we do not disturb respondent’s determination based             
          solely on petitioner’s self-serving testimony that the Schedule C           
          deductions claimed are correct and accurate, we sustain                     
          respondent’s determination disallowing petitioner’s Schedule C              
          deductions.  See Geiger v. Commissioner, T.C. Memo. 1969-159,               
          (citing Halle v. Commissioner, 7 T.C. 245, 247 (1946), affd. 175            
          F.2d 500 (2d Cir. 1949)), affd. 440 F.2d 688 (9th Cir. 1971); see           
          also Tokarski v. Commissioner, 87 T.C. 74, 77 (1986) (“we are not           
          required to accept the self-serving testimony of petitioner * * *           
          as gospel”).                                                                
          Section 6662 Accuracy-Related Penalty                                       
               Section 6662 imposes an accuracy-related penalty upon any              
          underpayment of tax resulting from negligence or disregard of the           
          tax rules or regulations or from any substantial understatement             
          of income tax.  Negligence includes the failure of a taxpayer to            
          keep proper records or to substantiate his reported expenses.               
          Sec. 1.6662-3(b)(1), Income Tax Regs.  The penalty does not                 
          apply, however, to any portion of the underpayment for which                
          there was reasonable cause and with respect to which the taxpayer           
          acted in good faith.  Sec. 6664(c)(1); sec. 1.6664-4(b), Income             
          Tax Regs.                                                                   







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