Nicholas A. and Marjorie E. Paleveda - Page 19

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          increase in the penalty attributable to petitioners'                        
          underreporting of income for 1990 is a new matter within the                
          meaning of Rule 142(a), for which respondent bears the burden of            
          proof.  Respondent, however, made no argument on brief regarding            
          the increase.  Consequently, we consider the increase in the                
          penalty attributable to petitioners' underreporting of income for           
          1990 to have been conceded by respondent.  Rybak v. Commissioner,           
          91 T.C. 524, 566 (1988).                                                    
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment of tax that is attributable to, inter alia,              
          (1) negligence or disregard of rules or regulations or (2) any              
          substantial understatement of income tax.  The term "negligence"            
          includes any failure to make a reasonable attempt to comply with            
          the provisions of the Code, including failure to exercise due               
          care, failure to do what a reasonable person would do under the             
          circumstances, or failure to keep adequate books and records or             
          to substantiate items properly.  Sec. 1.6662-3(b)(1), Income Tax            
          Regs.  The term "disregard" includes any careless, reckless, or             
          intentional disregard of the Code or the temporary or final                 
          regulations issued pursuant to the Code.  Sec. 6662(c); sec.                
          1.6662-3(b)(2), Income Tax Regs.  A substantial understatement of           
          tax is defined as the amount which exceeds the greater of 10                
          percent of the tax required to be shown on the return for the               
          taxable year or $5,000.  Sec. 6662(d)(1)(A).                                
               The accuracy-related penalty does not apply to any portion             




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