Timothy A. Runels and Emma Valdivieso Runels, et al. - Page 18




                                       - 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,                    







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