- 26 - (B) amounts not so shown previously assessed (or collected without assessment), over (2) the amount of rebates made. See also sec. 1.6664-2(a), Income Tax Regs. Petitioner argues that there is no underpayment because "(exclusive of the accounting change issue) there were actually more adjustments in Taxpayer's favor than adjustments which would result in additional tax." In effect, petitioner is arguing that for purposes of determining the amount of the underpayment, the "tax imposed", as that phrase is used in section 6664(a), does not include the tax attributable to the "accounting change issue". Petitioner cites no authority in support of that argument, and we reject it as contrary to the statute and the regulations. In this case, respondent has proven that there is an underpayment of tax and that a portion of the underpayment is attributable to fraud. Penalty for Substantial Understatement of Income Tax Respondent determined that petitioner is liable for the accuracy-related penalty under section 6662(a) in the amount of $303,025.86 with respect to petitioner's 1990 taxable year. Respondent determined that the penalty applied to the entire underpayment, except for the portion attributable to the omission of $127,889 with respect to which respondent determined the fraud penalty.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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