Robert D. and Carol A. Berryman - Page 10




                                        - 9 -                                         
          petitioners must be able to substantiate the amount claimed.  See           
          sec. 6001; sec. 1.6001-1(a), Income Tax Regs.                               
               Petitioners provided no documentation before, during, or               
          after trial, such as canceled checks, that would substantiate               
          their claim that they made payments of home mortgage interest in            
          excess of the $10,123 allowed by respondent for 2002.  At trial,            
          Mr. Berryman did not testify as to any specific payments of home            
          mortgage interest and included as an exhibit the Forms 1098,                
          Mortgage Interest Statement, only for taxable years 2003 and                
          2004.  Accordingly, without any evidence that petitioners                   
          actually paid the $1,462, we sustain respondent’s adjustment with           
          respect to petitioners’ 2002 itemized mortgage interest                     
          deduction.                                                                  
          C.   Section 6662(a) Accuracy-Related Penalties                             
               Finally, we address respondent’s assertion of penalties                
          under section 6662(a) and (b).3  Section 6662(a) and (b)(1)                 
          provides that if any portion of an underpayment of tax is                   
          attributable to negligence or disregard of rules or regulations,            
          there shall be added to the tax an amount equal to 20 percent of            
          the amount of the underpayment that is so attributable.  The term           

               3Respondent bears the burden of production with respect to             
          the accuracy-related penalties.  Sec. 7491(c).  In order to meet            
          this burden of production, respondent must produce sufficient               
          evidence that it is appropriate to impose the accuracy-related              
          penalties.  Once respondent has done so, the burden of proof is             
          upon petitioners.  Higbee v. Commissioner, 116 T.C. 438, 449                
          (2001).                                                                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 10, 2007