- 18 - For purposes of section 6662, negligence “includes any failure to make a reasonable attempt to comply with the provisions of this title,” and disregard “includes any careless, reckless, or intentional disregard.” Sec. 6662(c); Drum v. Commissioner, T.C. Memo. 1994-433, affd. without published opinion 61 F.3d 910 (9th Cir. 1995). Under section 7491(c), respondent bears the burden of production with respect to the section 6662(a) penalty. See also Rule 142(a). If, however, respondent satisfies his burden of production, the taxpayer continues to have the burden of proof with respect to imposition of this penalty. Rule 142(a); Higbee v. Commissioner, 116 T.C. 438 (2001). Respondent has satisfied his burden of production under section 7491(c) because petitioners have conceded that they are liable for increased tax liabilities relating to the collapse of the trusts and because we have found that petitioners understated the amount of gain they realized on the sale of their residence and overstated the amount of their charitable deduction with respect to the van. Petitioners unreasonably relied on NTS and Mr. Fritz in establishing the three trusts, on unsubstantiated costs with regard to the gain on the sale of the residence, and on an appraisal that was not credible with regard to the value of the van.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011