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respondent’s determination that petitioner is liable for the
accuracy-related penalty on her underpayments for the audit years
associated with the charitable contribution deductions disallowed
herein. See Higbee v. Commissioner, 116 T.C. at 449. We also
sustain respondent’s imposition of that penalty on petitioner’s
underpayment associated with the conceded adjustments for 2001
(respondent’s denial of petitioner’s reported capital loss of
$1,733 for lack of substantiation and respondent’s application of
the 10-percent additional tax, in the sum of $849, on a premature
distribution from petitioner’s individual retirement account).9
IV. Conclusion
As noted supra note 9, we sustain the full amount of
respondent’s tax deficiency and penalty determinations.
Decision will be entered
for respondent.
9 Our disallowance of petitioner’s deductions for
charitable contributions (although less than respondent’s) still
has the effect of requiring the identical recomputation of
petitioner’s tax liability for both 2000 and 2001, whereby
respondent applied the standard deduction applicable to a head of
household. Consequently, we sustain the full amount of
respondent’s tax deficiency and penalty determinations for the
audit years.
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