Beaver Bolt Inc. - Page 27

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                  Respondent determined, in the alternative, that the section                           
            6662(a) penalty applies.  Taxpayers are liable for a penalty                                
            equal to 20 percent of the part of the underpayment to which                                
            section 6662 applies.  Sec. 6662(a).  Section 6662 applies to                               
            an underpayment attributable to a substantial understatement                                
            of income tax.  Sec. 6662(b)(2).  A substantial understatement                              
            of income tax occurs when the amount of the understatement for                              
            a taxable year exceeds the greater of 10 percent of the tax                                 
            required to be shown or $5,000.  Sec. 6662(d)(1)(A).                                        
                  Petitioner bears the burden of proving that it is                                     
            not liable for the accuracy related penalty.  Rule 142(a).                                  
                  The accuracy related penalty under section 6662(a) does not                           
            apply to any portion of an underpayment if the taxpayer shows                               
            that there was reasonable cause for such portion and that the                               
            taxpayer acted in good faith.  Sec. 6664(c)(1).  We consider                                
            whether the taxpayer acted with reasonable cause and in good                                
            faith based on the facts and circumstances.  Sec. 6664(c)(1).                               
                  We conclude that petitioner is not liable for the accuracy                            
            related penalty under section 6662(a), because as stated above,                             
            petitioner's allocation to the covenant not to compete was                                  
            reasonable, and petitioner acted in good faith.                                             
                  To reflect the foregoing,                                                             

            Decision will be entered                                                                    
            under Rule 155.                                                                             




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Last modified: May 25, 2011