HJ Builders, Inc. - Page 21

                                       - 21 -                                         
         Internal Revenue Code and defines “disregard” as any careless,               
         reckless, or intentional disregard.                                          
              Petitioners have conceded that many of the claimed business             
         expenses disallowed by respondent in the notices of deficiency               
         were personal expenses of the Wrights, not deductible by HJ                  
         Builders, and represent additional income to the Wrights.  The               
         evidence includes failure to maintain adequate records or to                 
         substantiate deductions, mislabeling of expenses, and the errors             
         now conceded by petitioners.  Petitioners have not addressed, at             
         trial or on brief, the accuracy-related penalties determined by              
         respondent pursuant to section 6662.  Thus we deem petitioners to            
         have conceded their liability for the penalties.  See, e.g.,                 
         Levin v. Commissioner, 87 T.C. 698, 722-723 (1986), affd. 832                
         F.2d 403 (7th Cir. 1987); Hendricks v. Commissioner, T.C. Memo.              
         2001-299.                                                                    
              Therefore, petitioners are liable for the accuracy-related              
         penalties determined under section 6662.                                     
              To reflect the foregoing,                                               

                                                 Decisions will be entered            
                                            under Rule 155.                           











Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  

Last modified: May 25, 2011