Yuri G. Glotov - Page 8




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          petitioner’s tax-protester arguments as frivolous and without               
          merit.                                                                      
          III. Section 6662 Penalty                                                   
               Respondent contends petitioner is liable for a section 6662            
          penalty because the underpayment of tax was attributable to                 
          negligence or disregard of rules or regulations.                            
               Section 6662(a) imposes a 20-percent accuracy-related                  
          penalty on the portion of any underpayment attributable to                  
          negligence or disregard of rules or regulations.  Sec. 6662(b).             
          The term “negligence” includes any failure to make a reasonable             
          attempt to comply with the provisions of the Internal Revenue               
          Code, including any failure by the taxpayer to keep adequate                
          books and records or to properly substantiate items, and the term           
          “disregard” includes any careless, reckless, or intentional                 
          disregard.  Sec. 6662(c); sec. 1.6662-3(b), Income Tax Regs.                
          Section 7491(c) provides that the Commissioner bears the burden             
          of production with respect to accuracy-related penalties.  See              
          Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).                       
               Although petitioner reported business costs incurred from              
          the operation of a computer software business in 2003, the                  
          evidence shows that he was not carrying on a computer software              
          business in 2003.  He failed to keep adequate books and records             
          and properly substantiate the reported expenses.  Accordingly, he           
          was not entitled to the claimed business deductions.                        







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