Carlos H. and Maria C. Gonzalez - Page 10

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          that there was reasonable cause for the underpayment, and the               
          taxpayer acted in good faith.                                               
               Even though the burden of production is on the Commissioner            
          under section 7491(c) as to penalties, that does not mean that              
          the burden of proof shifts to the Commissioner.  Where the                  
          Commissioner introduces sufficient evidence to show that the                
          taxpayer is liable for the penalty, the taxpayer has the burden             
          of proving that he is not liable for the penalty.  Higbee v.                
          Commissioner, 116 T.C. 438, 446-447 (2001).  The Court is                   
          satisfied that respondent has met the burden of production in               
          this case.  Petitioners claimed deductions for a nonexistent                
          activity.  The actions of petitioners, as described above,                  
          represented a blatant attempt to circumvent the Internal Revenue            
          Code, which, unfortunately, they were able to get away with for             
          several prior years.  Petitioners have no reasonable cause for              
          the underpayments for the 2 years at issue in this case in which            
          their nonexistent activity was brought to light.  The accuracy-             
          related penalties are sustained.                                            
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


          Decision will be entered                                                    
          for respondent.                                                             







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