Jody Schoolcraft-Burkey - Page 19




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        come forward with persuasive evidence that the Commissioner’s                 
        determination is incorrect.  Rule 142(a); see Higbee v.                       
        Commissioner, supra at 447.  The taxpayer may meet this burden by             
        proving that he or she acted with reasonable cause and in good                
        faith.  See sec. 6664(c)(1); see also Higbee v. Commissioner,                 
        supra at 448; sec. 1.6664-4(b)(1), Income Tax Regs.                           
             Respondent has met his burden of production under section                
        7491(c).  Petitioner’s 2003 return contains an understatement of              
        tax greater than $5,000 (which is greater than 10 percent of the              
        amount of tax required to be shown on the return).  See sec.                  
        6662(d)(1)(A)(ii).  Accordingly, petitioner bears the burden of               
        proving that the accuracy-related penalty should not be imposed               
        with respect to any portion of the underpayment for which he acted            
        with reasonable cause and in good faith.  See sec. 6664(c)(1);                
        Higbee v. Commissioner, supra at 446.  Petitioner did not carry               
        his burden of showing that his omissions from income which                    
        resulted in the underpayment were made with reasonable cause and              
        in good faith.  Accordingly, petitioner is liable for the section             
        6662(a) penalty.                                                              


                                                Decision will be entered              
                                           under Rule 155.                            










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