- 35 - liability.” Id. The taxpayer bears the burden of proving that he falls within this exception. Higbee v. Commissioner, supra at 447. Sparkman claims he had reasonable cause for claiming the HEH losses because of ongoing litigation in Hvidding v. Commissioner, T.C. Memo. 2003-151, and Richter v. Commissioner, T.C. Memo. 2002- 90, concerning “this same issue”. These cases involved HEH customers’ right to claim energy credits; these cases do not provide reasonable cause for Sparkman’s failure to substantiate his claimed HEH losses. Sparkman claims he had reasonable cause for failing to report a portion of the HECO payments because the Form 1099 was never received and (somewhat inconsistently) because he reasonably believed that HEH had reported the balance of the HECO income not reported by Mercury Solar PTO. We have found, as petitioners stipulated, that HECO issued a Form 1099 to Mercury Solar PTO for all the payments in question. The evidence does not establish that HEH reported, or should have reported, the disputed HECO payments or that petitioner (who prepared the HEH returns) reasonably believed otherwise; more fundamentally, the evidence does not establish that Sparkman had reasonable cause to believe that the HECO payments were properly considered as income to anyone other than himself. We hold that Sparkman is liable for section 6662(a) accuracy-related penalties for all years at issue.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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