Robin F. and Anne F. Jenkins - Page 24

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            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.                                            




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