Edward D. Clark - Page 18




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              Petitioner excluded all his income for the years in issue as            
         foreign source income on his returns, claiming that he had no                
         Federal tax liability and that he was entitled to refunds of all             
         taxes withheld during those years.  If, for any year in issue,               
         the amount of gross income that petitioner failed to include as              
         required results in an understatement of income tax exceeding                
         $5,000, then petitioner is subject to the accuracy-related                   
         penalty for a “substantial understatement” for that year.  Sec.              
         6662(a) and (b)(2).  If, however, the resulting understatement of            
         income tax does not exceed $5,000 for any of the years in issue,             
         then petitioner is not liable for the penalty under section                  
         6662(a) unless that understatement is the result of petitioner’s             
         negligence or disregard of rules and regulations.  Sec. 6662(a)              
         and (b)(1).                                                                  
              Petitioner argues that he was not negligent in preparing his            
         returns for the years in issue.  Petitioner testified at trial               
         that he had reviewed several publications on the Internal Revenue            
         Service’s Web site to assist him in preparing his returns.                   
         Petitioner’s testimony focused on his prior review of special                
         rates that transportation workers may use to calculate business              
         expense deductions, specifically meal expenses.  However,                    
         petitioner did not claim any deductions for expenses on his                  
         returns for the years in issue.  His testimony on this point                 
         relates to his position at trial and on brief that he is entitled            







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