Maudella L. Caskey - Page 8

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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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