- 17 - Other Expenses The only other Schedule C expenses for which petitioners offered evidence were statements billing for Internet service from March 4, 2002, through January 3, 2003, and cellular telephone service for March through December of 2002. Petitioners, however, offered no evidence to show that the expenses were not personal, that they were incurred primarily to benefit their business, and that there was a proximate relationship between each claimed expense and the business. See sec. 262; Walliser v. Commissioner, supra. Accuracy-Related Penalty Section 7491(c) imposes on the Commissioner the burden of production in any court proceeding with respect to the liability of any individual for penalties and additions to tax. Higbee v. Commissioner, 116 T.C. 438, 446 (2001); Trowbridge v. Commissioner, T.C. Memo. 2003-164, affd. 378 F.3d 432 (5th Cir. 2004). In order to meet the burden of production under section 7491(c), the Commissioner need only make a prima facie case that imposition of the penalty or addition to tax is appropriate. Higbee v. Commissioner, supra. Respondent determined that petitioners are liable for accuracy-related penalties under section 6662(a). Section 6662(a) imposes a 20-percent penalty on the portion of an underpayment attributable to any one of various factors,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008