Henry Allen Waters - Page 9

                                        - 9 -                                         
          including:  Closing costs ($2,000), prorated property taxes                 
          ($80.44), and loan origination fees paid by the purchaser                   
          ($2,368.75).6  While petitioner erred in reporting these amounts            
          collectively as mortgage interest on his 1989 Schedule A, he is             
          nevertheless entitled to the following deductions: (1) Mortgage             
          interest--$7,532.08, and (2) property taxes--$80.44.  The $2,000            
          closing costs were reflected above as a selling expense in                  
          calculating petitioner's gain from the sale of the Richmond                 
          property.  Petitioner is not entitled to deduct the loan                    
          origination fees because they were not paid by him.                         
               Finally, respondent determined an addition to petitioner's             
          tax for 1989 under section 6662(a) in the amount of $7,681.                 
          Section 6662 imposes an accuracy-related penalty 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 20 percent of the amount of             
          any underpayment attributable to such understatement.  The                  
          taxpayer bears the burden of proving that the Commissioner's                
          determination as to the addition to tax under section 6662(a) is            
          erroneous.  Rule 142(a).                                                    
               An understatement is substantial if it exceeds the greater             
          of 10 percent of the tax required to be shown on the return or              
          $5,000.  Sec. 6662(d)(1)(A).  An understatement is the difference           

               6 The amounts petitioner claims make up the mortgage                   
          interest deduction total $11,981.27, or $399.27 more than the               
          deduction reported on petitioner's return.  Petitioner did not              
          offer an explanation for this discrepancy.                                  


Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011