Laurence L. Grabowski - Page 4




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          to substantiate the amounts of the deductions.  Sec. 6001; sec.             
          1.6001-1(a), Income Tax Regs.  Petitioner did not produce                   
          evidence to substantiate the losses claimed.  Accordingly, we               
          sustain respondent’s determinations.2                                       
               Section 6662(a) imposes a penalty equal to 20 percent of the           
          amount of any underpayment attributable to various factors                  
          including negligence or a substantial understatement of income              
          tax.  See sec. 6662(b)(1) and (2).  Negligence includes any                 
          failure to make a reasonable attempt to comply with the law or              
          maintain adequate books and records.  Sec. 6662(c); sec. 1.6662-            
          3(b)(1), Income Tax Regs.  An understatement is substantial if it           
          exceeds the greater of $5,000 or 10 percent of the tax required             
          to be shown on the return.  Sec. 6662(d)(1)(A)(i) and (ii).                 
          Respondent bears the burden of production relating to the                   
          penalty.  Sec. 7491(c).                                                     
               Respondent established that petitioner erroneously reported            
          income resulting in a $25,643 understatement of tax relating to             
          1998.  Section 6664(c)(1), however, provides that no penalty                
          shall be imposed if a taxpayer demonstrates that there was                  
          reasonable cause for the underpayment and the taxpayer acted in             
          good faith.  The determination of whether a taxpayer acted with             
          reasonable cause and in good faith depends upon the facts and               
          circumstances.  See sec. 1.6664-4(b)(1), Income Tax Regs.                   


               2 Sec. 7491(a) is inapplicable because petitioner failed to            
          introduce credible evidence within the meaning of sec.                      
          7491(a)(1).                                                                 



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