Lazar Simov Kovachevich - Page 12




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         for his pro se appearances.  Petitioner is claiming a deduction              
         for his loss of time or the value thereof, and he is not entitled            
         to it.  Accordingly, respondent’s determination is sustained.                
         II. Accuracy-Related Penalty                                                 
              Initially, the Commissioner has the burden of production                
         with respect to any penalty, addition to tax, or additional                  
         amount.  Sec. 7491(c).  The Commissioner satisfies this burden of            
         production by coming forward with sufficient evidence that                   
         indicates that it is appropriate to impose the penalty.  See                 
         Higbee v. Commissioner, 116 T.C. 438, 446 (2001).  Once the                  
         Commissioner satisfies this burden of production, the taxpayer               
         must persuade the Court that the Commissioner’s determination is             
         in error by supplying sufficient evidence of reasonable cause,               
         substantial authority, or a similar provision.  Id.                          
              In pertinent part, section 6662(a) imposes an                           
         accuracy-related penalty equal to 20 percent of the underpayment             
         that is attributable to:  (1) Negligence or disregard of the                 
         rules or regulations; or (2) a substantial understatement of                 
         income tax.  Section 6662(c) defines the term “negligence” to                
         include “any failure to make a reasonable attempt to comply with             
         the provisions of this title”, and the term “disregard” to                   
         include “any careless, reckless, or intentional disregard.”  In              
         interpreting section 6662, this Court has defined the term                   
         “negligence” as a “‘lack of due care or the failure to do what a             







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