- 24 - T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding in part 43 T.C. 168 (1964) and T.C. Memo. 1964-299). The taxpayer has the burden of proving that the Commissioner's determination of the additions to tax under section 6653(a) is erroneous. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757 (1972). Petitioner has not presented evidence to establish that she was not negligent or did not disregard rules or regulations. Accordingly, we sustain respondent's determination. Issue 7. Substantial Understatement Respondent determined that petitioner was liable for the addition to tax for substantial understatement under section 6661(a). Section 6661(a) imposes an addition to tax on a substantial understatement of income tax. The section provides that if there is a substantial understatement of income tax, there shall be added to the tax an amount equal to 25 percent of the amount of any underpayment attributable to such understatement. Sec. 6661(a).6 The taxpayer bears the burden of proving that the 6 Sec. 6661, as originally enacted in 1982, set the amount of the addition at 10 percent of the amount of any underpayment attributable to the substantial understatement. Sec. 8002 of the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, 100 Stat. 1874, 1951, amended sec. 6661(a) to increase the amount of the addition to 25 percent for additions assessed after October 21, 1986. See Pallottini v. Commissioner, 90 T.C. 498, 501-502 (1988). Since the addition will not be assessed until the Court's decision is final, the 25-percent rate applies. Kim v. Commissioner, T.C. Memo. 1991-288.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011