James E. Jenkins and Ruth A. Jenkins - Page 7

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          ultimately concluded that petitioner and Hood each received                 
          $350,000.                                                                   
               Petitioners filed joint Federal income tax returns relating            
          to 1994 through 1997, but failed to include income payments                 
          relating to rent and supplies from the charities.  In 1999,                 
          petitioners filed amended returns relating to 1994 through 1997             
          to reflect the receipt of such income.                                      
               On April 7, 2003, respondent issued petitioners a notice of            
          deficiency and determined deficiencies and penalties relating to            
          1994 through 1997 as follows:                                               
               Year      Deficiency     Section 6663(a) penalty                       
               1994      $38,853             $29,140                                  
               1995      35,639         29,289                                        
               1996      22,047              21,020                                   
               1997      25,863              19,397                                   

          Respondent based his determinations on Hood’s assertions,                   
          information received from various members of the respective                 
          charities, and Agent Gannaway’s reconstruction of petitioners’              
          income.                                                                     
               Petitioners resided in Kingsport, Tennessee, at the time               
          they filed their petition with the Court.                                   
                                       OPINION                                        
               In order for petitioners to be liable for the fraud penalty,           
          an underpayment must exist.  Parks v. Commissioner, 94 T.C. 654,            
          660-661 (1990).  Respondent determined, pursuant to Agent                   
          Gannaway’s report, that petitioners failed to report income                 





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