Mark J. and Deborah A. Hanna - Page 12

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          Section 6662(a)                                                             
               Respondent determined that petitioners are liable for the              
          section 6662(a) penalty for 1989.  Section 6662(a) imposes a                
          penalty in an amount equal to 20 percent of the underpayment of             
          tax attributable to one or more of the items set forth in section           
          6662(b).  In the notice of deficiency, respondent based the                 
          determination of the section 6662(a) penalty on petitioners’                
          underpayment's being due to a substantial understatement.  See              
          sec. 6662(b)(2).                                                            
               The accuracy-related penalty does not apply with respect to            
          any portion of an underpayment if it is shown that there was                
          reasonable cause for such portion of an underpayment and that               
          petitioners acted in good faith with respect to such portion.               
          Sec. 6664(c)(1).  The determination of whether petitioners acted            
          with reasonable cause and in good faith depends upon the                    
          pertinent facts and circumstances.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.                                                                   
               The underpayment of petitioners' tax for 1989 was                      
          substantial in that it totaled almost $38,000.  Because they                
          failed to show how the amount paid with their request for                   
          extension was estimated, petitioners also failed to show that               
          they acted in good faith with respect to the underpayment.  See             
          sec. 6662(d)(1)(A).  Respondent’s determination that petitioners            
          are liable for the section 6662(a) penalty for 1989 will be                 
          sustained.                                                                  




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