- 46 - gain/loss on the sale of the FRC stock, but respondent has not argued that the alleged unreported income relates to the sale of Mr. Dunne’s FRC stock. Because respondent has not shown us any link between petitioners and either the $15,000 of unreported income or any income-producing activity that could have generated a $15,000 capital gain, respondent has not provided the minimal evidentiary foundation required for the presumption of correctness to attach on this issue. Therefore, respondent has not met the initial burden of showing that petitioners had unreported income in 1999 that is normally satisfied by the presumption of correctness, and we find for petitioners on this issue. See Foster v. Commissioner, 391 F.2d 727, 735 (4th Cir. 1968), affg. in part and revg. in part T.C. Memo. 1965-246. VI. Whether Petitioners are Liable for Additions to Tax Under Section 6651(a)(1) for 1997 and 1999 Section 6651(a)(1) imposes an addition to tax of up to 25 percent of the amount required to be shown as tax for failure to timely file a Federal income tax return unless the taxpayers show that the failure was due to reasonable cause and not due to willful neglect. Section 7491(c) places the burden of production on the Commissioner to show that the imposition of an addition to tax is appropriate. To satisfy this burden, the Commissioner must present sufficient evidence that the particular addition to tax is appropriate. Higbee v. Commissioner, 116 T.C. 438, 446Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NextLast modified: March 27, 2008