- 15 - Pursuant to our direction that a decision in this case would be entered pursuant to Rule 155, respondent subsequently agreed that petitioner (1) was not liable for an addition to tax for failure to file under section 6651(a) for 1986, because her withholding tax credits exceeded the tax required to be shown on her return, (2) was not liable for an addition to tax for substantial understatement under section 6661 for 1987, because there was no substantial understatement of her tax for that year, and (3) was liable, in recomputed amounts, for additions to tax for negligence under section 6653(a), for 1986 and 1987. Petitioner failed to timely file her 1986 return. As a result, in our opinion in Sharer v. Commissioner, supra, we originally determined that she would be liable for an addition to tax under section 6651(a) for 1986. We further originally determined that petitioner would be liable for additions to tax for (1) negligence under section 6653(a), for 1986 and 1987, and (2) substantial understatement under section 6661, for 1986 and 1987, if the Rule 155 computation reflected that she had substantially understated her tax for those years. Respondent's position on these issues was substantially justified. As discussed above, respondent's position on a number of other issues which we decided in petitioner's favor was reasonable and substantially justified. If these other issues had been decided in respondent's favor, then the withholding credits would not have exceeded the tax required to be shown onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011