Michael Paul Remler and Pauline M. Velez - Page 16

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               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent of the underpayment of tax attributable to negligence or            
          disregard of rules or regulations.  Sec. 6662(a) and (b)(1).                
          Negligence is defined as “any failure to make a reasonable                  
          attempt to comply with the provisions of this title”.  Sec.                 
          6662(c).  However, no penalty will be imposed if the taxpayer had           
          reasonable cause for the underpayment of tax and the taxpayer               
          acted in good faith.  Sec. 6664(c); sec. 1.6662-3(a), Income Tax            
          Regs.                                                                       
               The Commissioner bears the burden of production with respect           
          to penalties.  Sec. 7491(c); Higbee v. Commissioner, 116 T.C.               
          438, 446-447 (2001).  However, the taxpayer must show that he had           
          reasonable cause and acted in good faith.  See Rule 142(a).                 
               The parties stipulated that petitioners received, but did              
          not report, a State income tax refund of $3,249 in 2000.  We find           
          that respondent has met his burden of production.  Petitioners              
          have presented no evidence that their omission of the State                 
          income tax refund from their 2000 return was the result of                  
          reasonable cause.  Accordingly, we hold that petitioners are                
          liable for the accuracy-related penalty pursuant to section                 
          6662(a).                                                                    
               In reaching our holdings, we have considered all arguments             
          made, and, to the extent not mentioned, we conclude that they are           
          moot, irrelevant, or without merit.                                         






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