- 11 - 492; Emmons v. Commissioner, 92 T.C. 342, 349 (1989), affd. on other grounds 898 F.2d 50 (5th Cir. 1990); Eyefull Inc. v. Commissioner, T.C. Memo. 1996-238; Ellwest Stereo Theatres v. Commissioner, T.C. Memo. 1995-610. Petitioners' failure to comply with filing deadlines created underpayments for each of the years at issue equal to the amount of tax due. Since they were unable to show reasonable cause for the delinquencies, it follows that the underpayment for each year was attributable to negligence.4 3. Section 6661 Section 6661 imposes an addition to tax equal to 25 percent of the amount of any underpayment attributable to a substantial understatement of tax. Sec. 6661(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. 6661(b)(1)(A). The understatement is reduced by any portion attributable to: (1) The tax treatment of an item for which the taxpayer had substantial authority, or (2) an item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. Sec. 6661(b)(2)(B). Respondent is authorized to 4Our disposition of the negligence issue obviates the need to consider petitioners' contention that they were not negligent with respect to the substantive errors on their tax returns because they relied reasonably and in good faith on professional advice.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011