-18- E. Penalty Under Section 6662 and Additions to Tax Under Sections 6651(a)(1) and 6654 1. Burden of Proof The Commissioner bears the initial burden of production with respect to petitioner’s liability for additions to tax under sections 6651(a)(1) and 6654(a) and penalties under section 6662(a). Sec. 7491(c); Rule 142(a); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). To meet this burden, respondent must come forward with sufficient evidence indicating it is appropriate to impose the additions to tax and penalties. Higbee v. Commissioner, supra at 446-447. Respondent’s burden may be met by facts deemed admitted pursuant to Rule 37(c). Doncaster v. Commissioner, 77 T.C. at 337; see Marshall v. Commissioner, 85 T.C. at 272-273. The taxpayer bears the burden of proof as to any exception to the additions to tax or penalties. See sec. 7491(c); Rule 142(a); Higbee v. Commissioner, supra at 446-447. 2. Section 6662(a) Penalty for 2000 Having found that petitioner is not liable for a fraud penalty for the year 2000, we consider respondent’s argument in the alternative that petitioner is liable for an accuracy-related penalty under section 6662. Section 6662(a) imposes a 20-percent penalty on the portion of an underpayment attributable to, inter alia, negligence or disregard of rules or regulations. It was deemed admitted under Rule 37(c) that petitioner was negligent and reckless in the preparation of his Form 1040, forPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007