Robert C. Kolbeck - Page 10

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               Respondent contends that petitioner was negligent in                   
          underpaying his income taxes and that he acted without reasonable           
          cause and good faith.  Petitioner counters that, because his                
          records were missing, he had reasonable cause for and acted in              
          good faith regarding the alleged underpayment.                              
               Under section 7491(c), the Commissioner has the burden of              
          production where a penalty is imposed.  To satisfy this burden,             
          the Commissioner must produce sufficient evidence to show that              
          the relevant penalty is appropriate but does not need to produce            
          evidence relating to defenses such as reasonable cause or                   
          substantial authority.  Higbee v. Commissioner, 116 T.C. at 446.            
          Once the Commissioner satisfies his burden of production, the               
          taxpayer has the burden of producing evidence sufficient to show            
          the Commissioner’s determination is incorrect.  Id. at 447.                 
               In this case, respondent has satisfied his burden of                   
          production due to petitioner’s failure to substantiate his                  
          Schedule C deductions.  Failure to substantiate deductions as               
          required by sections 274 and 6001 may be negligent conduct within           
          the meaning of section 6662.  See, e.g., Schladweiler v.                    
          Commissioner, T.C. Memo. 2000-351, affd. 28 Fed. Appx. 602 (8th             
          Cir. 2002).  Petitioner is required, therefore, to prove that he            
          had reasonable cause for the underpayment and that he acted in              
          good faith with respect to the underpayment.  Sec. 6664(c).                 







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