George A. and Hilda Quintero - Page 10




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          as to consider him an employee.  It follows that the compensation           
          that petitioner received from AAA during 1997 does not constitute           
          self-employment income within the meaning of section 1401.                  
          3.   Substantial Understatement of Income Tax                               
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent of any portion of an underpayment of tax that is                    
          attributable to a substantial understatement of income tax.                 
          Sec. 6662(b)(2), (d).  An understatement of income tax is a                 
          substantial understatement of income tax if it exceeds the                  
          greater of $5,000 or 10 percent of the tax required to be shown             
          on the taxpayer’s return.  Sec. 6662(d)(1).                                 
               Ignoring conditions not relevant here, for purposes of                 
          section 6662, an understatement is defined as the excess of the             
          amount of the tax required to shown on the taxpayer’s return over           
          the amount of the tax which is shown on the return.  Sec.                   
          6662(d)(2)(A).  In this case, for purpose of section 6662, the              
          amount of tax required to be shown on petitioners’ 1997 return is           
          $1,796.2  The amount of tax shown on the return is zero.3                   
          Because the difference between these two amounts is less than               


               2 This is the sec. 1 income tax that results from including            
          in petitioners’ 1997 income the compensation that petitioner                
          received from AAA during that year.                                         
               3 Unlike the computation of a deficiency under sec. 6211 or            
          the computation of an understatement for purposes of sec. 6694,             
          the earned income credit claimed on petitioners’ 1997 return (and           
          disallowed in the notice of deficiency) is not taken into account           
          in the computation of the understatement of income tax for                  
          purposes of sec. 6662.                                                      




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