Hans H. and Cheryl E. Hammann - Page 24

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          error in respondent's determination that these additions to tax             
          should be imposed against them.                                             
               Petitioners have failed to demonstrate that they were not              
          negligent or that they had a reasonable basis for claiming any of           
          the deductions in dispute.  Petitioners have not satisfied their            
          burden of proof and accordingly, the additions to tax under                 
          section 6653(a) and section 6653(a)(1) and (2) are sustained.               
               Section 6661(a) provides for an addition to tax equal to 25            
          percent of an underpayment when there is a substantial                      
          understatement of income tax for the taxable year.  Section                 
          6661(b)(2)(A) defines the term "understatement" as being the                
          excess of (i) the amount of tax required to be shown on the                 
          return for the taxable year over (ii) the amount shown on the               
          return.  Section 6661(b)(1)(A) provides that an understatement is           
          substantial if it exceeds the greater of (i) 10 percent of the              
          amount of tax required to be shown on the return or (ii) $5,000.            
          For this latter purpose, an understatement is reduced to the                
          extent it is either based on substantial authority or adequately            
          disclosed in the return or in a statement attached to the return.           
          Sec. 6661(b)(2)(B).                                                         
              Petitioners have not presented any evidence to refute                  
          respondent's determination under section 6661.  Accordingly,                
          petitioners have not carried their burden of proof, and                     
          respondent's determination with respect to the imposition of the            
          section 6661 penalty is sustained.                                          




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