Elaine Hang - Page 3

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              Respondent determined for 2001 a deficiency in petitioner’s             
         Federal income tax of $12,406 and a section 6662(a) accuracy-                
         related penalty of $2,481.20.  Petitioner has conceded that she              
         is liable for the deficiency.  The only issue remaining for                  
         decision is whether petitioner is liable for a section 6662(a)               
         accuracy-related penalty.                                                    
                                     Background                                       
              At the time the petition in this case was filed, petitioner             
         resided in Las Vegas, Nevada.                                                
              Petitioner filed a Form 1040, U.S. Individual Income Tax                
         Return, for 2001, which was prepared by a certified public                   
         accountant (C.P.A.).  On February 2, 2005, respondent issued to              
         petitioner a statutory notice of deficiency for 2001.  Respondent            
         determined that petitioner was liable for an accuracy-related                
         penalty under section 6662(a), because there was a substantial               
         understatement of income tax.                                                
                                     Discussion                                       
              Section 7491(c) imposes the burden of production in any                 
         court proceeding on the Commissioner with respect to the                     
         liability of any individual for penalties and additions to tax.              
         Higbee v. Commissioner, 116 T.C. 438, 446 (2001); Trowbridge v.              
         Commissioner, T.C. Memo. 2003-164, affd. 378 F.3d 432 (5th Cir.              
         2004).  In order to meet the burden of production under section              
         7941(c), the Commissioner must come forward with sufficient                  





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