- 24 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011