- 24 - Issue 4. Substantial Understatement Additions to Tax The next issue is whether petitioners are liable for the additions to tax for substantial understatements of income tax pursuant to section 6661 for the years in issue. Section 6661(a) imposes an addition to tax on any underpayment attributable to a substantial understatement of income tax. An understatement of income tax is substantial if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. The section 6661 addition to tax is 25 percent of the underpayment attributable to such understatement. The understatement is reduced if it is based on substantial authority or is adequately disclosed on the return or in a statement attached to the return. With respect to the additions to tax under section 6661, the burden of proof is on petitioners. Rule 142(a); King's Court Mobile Home Park v. Commissioner, 98 T.C. 511, 517 (1992). Petitioners presented no evidence showing that they did not substantially understate their income taxes. Their understatements for the years in issue were neither based on substantial authority nor adequately disclosed on their returns or in a statement attached to their returns. Accordingly, we sustain respondent's determination as to these additions to tax. Issue 5. Statute of Limitations The final issue is whether respondent is barred by the statute of limitations from assessing and collecting petitioners' Federal income taxes for the years under consideration.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011