David F. Driggers - Page 14

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               Respondent determined that petitioner is liable for the                
          additions to tax for failure to file timely returns for 1988,               
          1989, and 1990.  Section 6651(a)(1) imposes an addition to tax in           
          case of failure to file a timely tax return, unless the taxpayer            
          can show that such failure is due to reasonable cause and not due           
          to willful neglect.  Petitioner neither argued nor offered any              
          evidence to show that the additions to tax pursuant to section              
          6651(a)(1) should not be imposed.  Therefore, we sustain                    
          respondent's determination under section 6651(a)(1).                        
               Respondent also determined that petitioner is liable for the           
          addition to tax for substantial understatement of income tax, as            
          prescribed by section 6661 with respect to his 1988 return.  As             
          in effect during 1988, section 6661(a) imposed an addition to               
          tax equal to 25 percent of the amount of any underpayment                   
          attributable to a substantial understatement of income tax.                 
          Finally, respondent determined that petitioner is liable for the            
          accuracy-related penalties prescribed by section 6662 with                  
          respect to his 1989, 1990, and 1991 returns.  Section 6662(a)               
          imposes a penalty equal to 20 percent of the portion of any                 
          underpayment attributable to a substantial understatement of                
          income tax.                                                                 
               Both sections 6661 and 6662 define a "substantial                      
          understatement" as an understatement of tax liability equal to              
          the greater of 10 percent of the tax required to be shown for the           






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