26 Petitioners argue that they established that the general business credit arose from Bob Wade Ford's purchase of assets qualifying for the investment tax credit. We disagree; petitioners have not identified the property for which the credit was claimed or established that the property was qualified property. Sec. 38(a). We sustain respondent on this issue. F. Substantial Understatement of Income Tax The next issue for decision is whether petitioners are liable for the addition to tax under section 6661(a) for 1988 and the accuracy-related penalty under section 6662(d) for 1989 for substantial understatement of income tax. Section 6661(a) imposes an addition to tax equal to 25 percent of the amount of any underpayment attributable to a substantial understatement of income tax. The accuracy-related penalty equals 20 percent of any part of an underpayment attributable to a substantial understatement of income tax. Sec. 6662(a) and (b)(2). An understatement is the amount by which the correct tax exceeds the tax reported on the return. Sec. 6661(b)(2)(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. Secs. 6661(b)(1)(A) and 6662(d)(1)(A). Petitioners bear the burden of proving that they are not liable for the addition to tax under section 6661(a) and the accuracy-related penaltyPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011