Sharon T. Myrick - Page 14




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          Regs.  Disregard of rules or regulations includes any careless,             
          reckless, or intentional disregard.  Sec. 1.6662-3(b)(2), Income            
          Tax Regs.  The Commissioner bears the burden of production with             
          respect to the accuracy-related penalty.  See sec. 7491(c);                 
          Higbee v. Commissioner, 116 T.C. 438, 446 (2001).                           
               Petitioner concedes that she did not maintain accounting               
          records for her business activities or mileage logs for her use             
          of the Trailblazer.  Petitioner also concedes that she failed to            
          report gross receipts from Prepaid Legal Services.  Petitioner              
          therefore failed to make a reasonable attempt to comply with the            
          law or maintain adequate records, and respondent has met his                
          burden of production.  See sec. 6662(c); sec. 1.6662-3(b)(1),               
          Income Tax Regs.                                                            
               An exception to the section 6662 penalty applies when the              
          taxpayer demonstrates there was reasonable cause for the                    
          underpayment and the taxpayer acted in good faith with respect to           
          the underpayment.  Sec. 6664(c).  Whether the taxpayer acted with           
          reasonable cause and in good faith is determined by the relevant            
          facts and circumstances on a case-by-case basis.  See                       
          Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec.                     
          1.6664-4(b)(1), Income Tax Regs.                                            
               Petitioner testified that she had receipts for many of her             
          expenses but threw the receipts away when she moved her office              
          from one part of her house to another.  Such circumstances do not           







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