Thomas M. and Christine A. Fries - Page 20

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          National.  Our conclusion obviates the need to address                      
          respondent's alternative positions regarding this issue.                    
          Issue 2.  Whether Petitioners Are Liable for the Section 6662               
          Accuracy-Related Penalty for a Substantial Understatement of Tax            
               Respondent determined that petitioners are liable for the              
          accuracy-related penalty under section 6662(a) for 1989.  Section           
          6662, which is applicable to returns due after December 31, 1989,           
          imposes a penalty in an amount equal to 20 percent of the                   
          underpayment of tax resulting from a substantial understatement             
          of tax.  Sec. 6662(a).  Petitioners bear the burden of proving              
          that respondent's determination is erroneous.  Rule 142(a); Luman           
          v. Commissioner, 79 T.C. 846, 860-861 (1982).                               
               An understatement is equal to the excess of the amount of              
          tax required to be shown in the return less the amount of tax               
          shown in the return.  Sec. 6662(d)(2)(A).  An understatement is             
          substantial in the case of an individual if it exceeds the                  
          greater of 10 percent of the tax required to be shown in the                
          return or $5,000.  Sec. 6662(d)(1)(A).  An understatement is                
          reduced to the extent it is based on substantial authority, or              
          adequately disclosed in the return or in a statement attached               
          thereto.  Sec. 6662(d)(2)(B).                                               
               The accuracy-related penalty under section 6662 does not               
          apply with respect to any portion of an underpayment if it is               
          shown that there was reasonable cause for such portion of the               
          underpayment and that the taxpayer acted in good faith with                 





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