NHUSS Trust, et al. - Page 18

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               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.                                                                        






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