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greater of $5,000 or 10 percent of the amount of tax required to
be shown on a return. Sec. 6662(d)(1)(A).
The accuracy-related penalty under section 6662(b)(2) does
not apply with respect to any portion of an underpayment if it is
shown that there was reasonable cause for such portion and that
the taxpayer acted in good faith with respect to such portion.
Sec. 6664(c)(1). It is clear from the undisputed facts that the
reasonable cause exception under section 6664(c)(1) is not
applicable in the instant case. Accordingly, the penalty
determined by respondent is sustained.
Respondent has established that this case presents no
genuine issue as to any material fact and that she is entitled to
summary judgment as a matter of law. Accordingly, we shall grant
respondent's motion for summary judgment to sustain the
deficiency and penalty determined in the notice of deficiency.5
An order will be issued
and decision will be entered
for respondent.
5In her petition, petitioner sets forth two grounds for
contesting the adjustments contained in the notice of deficiency.
This opinion addresses the principal ground. It can also be
gleaned from the petition that petitioner is contesting the
notice of deficiency on grounds that her husband should be
jointly and severally liable for the deficiency because the
couple filed a joint Federal income tax return for the year at
issue. Although respondent has determined that petitioner's
husband qualifies for relief under sec. 6013(e), whether
petitioner's husband is jointly and severally liable for the
deficiency at issue has no bearing on whether petitioner herself
is liable for such deficiency.
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