-11- Respondent bears the burden of production with respect to the accuracy-related penalties. Sec. 7491(c). In order to meet this burden of production, respondent must produce sufficient evidence that it is appropriate to impose the accuracy-related penalties. Once respondent has done so, the burden of proof is upon petitioners. Higbee v. Commissioner, 116 T.C. 438, 449 (2001). Petitioners may carry their burden by proving that with respect to their underpayment there was reasonable cause and they acted in good faith. Sec. 6664(c)(1). Respondent has satisfied his burden of production in that the record establishes that petitioners failed to substantiate their claimed deductions. Section 6001 imposes on petitioners a duty to maintain books and records sufficient to support items reported on their returns, and petitioners’ breach of that duty is contrary to what a prudent and responsible taxpayer would have done under the circumstances. See sec. 1.6662-3(b)(1), Income Tax Regs. Petitioners must now establish reasonable cause and good faith in order to escape liability for the accuracy-related penalties under section 6662(a). Petitioners have failed to persuade us that their failure to maintain the requisite substantiation was excused by reasonable cause and good faith. We sustain respondent’s determination that petitioners are liable for the 2000 and 2001 accuracy-related penalties under section 6662(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007