Ester A. D'Avilar - Page 9

                                        - 8 -                                         
          4. Respondent’s Request To Impose a Section 6662(a) Penalty                 
               At trial, respondent also requested leave to impose a                  
          section 6662(a) penalty upon the ground that petitioner failed to           
          maintain adequate records to substantiate the deductions claimed            
          on the unprocessed amended return.  See sec. 1.6662-3(b), Income            
          Tax Regs.  Again, ignoring the technical and procedural                     
          infirmities surrounding respondent’s request, given the manner in           
          which the amended return has been treated, imposition of the                
          penalty is not appropriate.  Respondent’s request is denied.                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                             Decision will be entered                 
                                        for respondent.                               




















Page:  Previous  1  2  3  4  5  6  7  8  9  

Last modified: May 25, 2011