- 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