IRCCourt RulingsOct 30, 2014related by meaning
nsation. He then used his 2011 income tax return in an attempt to
"regain" his desired preferential tax treatment that he had earlier abandoned by not challenging Zave. We cannot presume that in an agreement to pay petitioner for
completing two requirements Zave actually intended for the entire amount to be
paid with r…
IRCCourt RulingsJan 27, 1998related by meaning
e not binding on any government agency other than the United
States Department of Labor."
On August 18, 1994, respondent issued a notice of deficiency to petitioner, in the amounts set forth above, determining excise
tax deficiencies pursuant to section 4975(a) and (b), as well as
additions to tax. Respondent determine…
IRCCourt RulingsJan 2, 2025related by meaning
cluding false returns), (10) failing to file returns, and (11) dealing in
12
The revenue agent (RA) determined to assert the fraud penalty against Mr. Hutcheson. Before respondent issued the Notice of Deficiency, the RA’s immediate
supervisor approved the RA’s determination in writing as required by section 6751(b).
Se…
IRCCourt RulingsSep 18, 2018
…ch it treated as tax-deductible expenses of the medical practice:
Date Contribution
11/14/2006 $372,446
12/05/2007 372,446
10/08/2008 372,486
11/19/2009 372,485
10/27/2010 372,486
Total 1,862,349
During 2007-2012 the Legacy Trust (and later the Flex Trust) paid premiums on the Policy as follows:
D_ate Premium paid
02/2…
IRCCourt RulingsJun 13, 2017
…pect to the liability of an individual for any penalty.
S_e_e Higbee v. Commissioner, 116 T.C. 438, 446 (2001).
No penalty is imposed with respect to any portion of an understatement if
the taxpayer acted with reasonable cause and in good faith with respect thereto.
The taxpayer bears the burden of proving reasonable c…
Joint BoardRegulationsOct 18, 2016related by meaning
(f)(1)(iii) (iii) Willfully failing to make a Federal tax return in violation of the revenue laws of the United States, or evading, attempting to evade, or participating in any way in evading or attempting to evade any federal tax or payment thereof, knowingly counseling or suggesting to a client or prospective client …
IRCCourt RulingsJan 11, 2012
…ce indicating that it is appropriate to impose
penalties. See Higbee v. Commissioner, 116 T. . 438, 446 (2001).
However, once the Commissioner has met the bur en of production,
the burden of proof remains with the taxpayer, including the
burden of proving that the penalties are inappropriate because of
reasonable cause…
IRCCourt RulingsMay 19, 2011related by meaning
ion 6662(a) and (b) (2).
Generally, section 6662(a) and (b) (1) authorizes the
Commissioner to impose a 20-percent penalty on the portion of an
- 72 - underpayment of income tax attributable to negligence or
disregard of rules or regulations. The term "negligence"
includes any failure to make.a reasonable attempt to co…
IRCCourt RulingsApr 11, 2012
… indicating that it is appropriate to impose the penalty. See Higbee v.
Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his
burden of production, however, the burden of proof remains with the taxpayer,
including the burden of proving that the penalty is inappropriate because of
reasonable cause or s…
IRCCourt RulingsFeb 26, 2014
…ability 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, aff'd, 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 i…
IRCCourt RulingsMay 28, 2003related by meaning
r the Northern District of
Illinois, in which petitioner pleaded guilty to one count of
obstructing and impeding the due administration of the Code in violation of section 7212(a).
3
- 6 -
3
(...continued)
corruptly or by force or threats of force (including
any threatening letter or communication) endeavors to
intimid…
IRCCourt RulingsMar 7, 2000related by meaning
994 and 1995 tax
liabilities.
We grant respondent's motion for a penalty under section
6673. Under section 6673, this Court may award a penalty to the United States of up to $25,000 when the proceeding has been
instituted or maintained by the taxpayer primarily for delay or
if the taxpayer's position in such proceeding…
IRCCourt RulingsDec 19, 2016
at 446. Once the Commissioner has met the burden of production, the taxpayer
has the burden of proving that the penalties are inappropriate because of reasonable cause or substantial authority. See Rule 142(a); Longino v.
Commissioner, 593 F. App'x 965, 970 (1 l th Cir. 2014), T.C. Memo. 201380; Higbee v. Commissioner,…
IRCRegulationsDec 30, 2016related by meaning
(a) (a) In general. A person who is a tax return preparer of any return or claim for refund of tax under chapter 43 of subtitle D of the Internal Revenue Code (Code) shall be subject to penalties for failure to furnish a copy to the taxpayer under section 6695(a) of the Code, failure to sign the return under section 66…
IRCCourt RulingsSep 28, 2016
…ce indicating that it is appropriate to
impose penalties. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once
the Commissioner has met the burden of production, the burden of proof remains
with the taxpayer, including the burden of proving that the penalties are
inappropriate because of reasonable cause or subst…
IRCCourt RulingsFeb 29, 2012related by meaning
statutory notice of deficiency was issued more than 6 years after
petitioner filed its Form 5530. The statute of,limitations is an affirmative defense that must be specifically pleaded; Petitioner did not raise the statute of;limitations
as an affirmative defense in its pleadings for the taxable year at issue.
Accordin…
IRCCourt RulingsJan 21, 2020
…indicating
that imposition of the penalty is appropriate. See Higbee v. Commissioner, 116
T.C. 438, 446 (2001). Once the Commissioner meets his burden of production,
the taxpayer bears the burden of establishing that an exception applies. Id.
at 446-447.
- 9 -
The Commissioner's burden of production under section 7491(…
IRCCourt RulingsJul 24, 2017
…te to impose the section 6662(a) accuracyrelated penalty. See Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once
the Commissioner has met his burden of production, the taxpayer bears the burden
of establishing that an exception applies. Id. at 446-447.
The Commissioner has satisfied his burden of production with re…
IRCCourt RulingsSep 13, 2017
bee v.
Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his
burden of production, the taxpayer bears the burden of proving, through persuasive evidence, that the Commissioner's penalty determination is incorrect.
S_e_e Rule 142(a); Welch v. Helvering, 290 U.S. at 115; Higbee v. Commissioner,
116 T.C.…
IRCCourt RulingsMar 9, 2011related by meaning
ds of thousands of dollars
in DISC commissions each year from a well-established business,
and a 25-percent share in a company receiving such a steady stream of income should have been worth a large amount.
-28IV. Section 6662(a) Penalty
Section 6662(a) and (b) (1) and (2) imposes an accuracyrelated penalty of 20 perce…