Cordes Finance Corporation - Page 26

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                                  (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.                                           



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