- 27 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Last modified: May 25, 2011