Faith J. Larsen - Page 12




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          determination that the $160,000 payment to petitioner was                   
          includable in income was not in error.                                      
          Whether Petitioner Is Liable for the Accuracy-Related Penalty               
               We next consider whether petitioner is liable for the                  
          accuracy-related penalty under section 6662(a).  Respondent                 
          determined that petitioner was liable for the accuracy-related              
          penalty for 2001 for $160,400 of unreported income, including the           
          $160,000 payment and $400 for a computer PCI provided her.                  
          Petitioner argues that even if she is liable for income tax on              
          the $160,000 payment, she is not liable for the penalty because             
          she acted in good faith and with reasonable cause.                          
               Respondent bears the burden of production under section                
          7491(c) and must come forward with sufficient evidence that it              
          was appropriate to impose the penalty.  See Higbee v.                       
          Commissioner, 116 T.C. 438, 446-447 (2001).                                 
               Respondent determined that petitioner is liable for the                
          accuracy-related penalty for negligence or disregard of rules or            
          regulations and/or a substantial understatement of income tax               
          under section 6662 for 2001.                                                
               A taxpayer may be liable for a 20-percent penalty on any               
          underpayment of tax attributable to negligence or disregard of              
          rules or regulations or a substantial understatement of tax.                
          Sec. 6662(a) and (b).  “Negligence” is any failure to make a                
          reasonable attempt to comply with the provisions of the Internal            







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