- 56 - to show that any reliance on Mr. McVeigh with respect to the erroneous use of the 25-percent limit, rather than the 15-percent limit, in computing the deductions relating to his SEP contribu- tions for 1989 and 1991 was reasonable or in good faith. Conse- quently, we sustain respondent's determinations imposing the accuracy-related penalty on the portion of the underpayment for each such year that is attributable to that error. Petitioner's Failure to Pay Excise Tax on Excess Contributions to the SEP Respondent determined that petitioner is liable for each of the years at issue for the accuracy-related penalty under section 6662(a) on the underpayment of excise tax attributable to peti- tioner's excess contribution to the SEP for each such year on the ground that each such underpayment is attributable to a substan- tial understatement of income tax within the meaning of section 6662(d). Respondent's determinations are wrong. The under- payment of excise tax for each of the years at issue is not attributable to a substantial understatement of income tax for each such year within the meaning of section 6662(b)(2) and (d). See sec. 6662(b)(4), (d)(1)(A); secs. 1.6662-4(a), 1.6664-2(b), Income Tax Regs. Consequently, we reject respondent's determina- tions imposing the accuracy-related penalty on the underpayments of excise tax for the years at issue. To reflect the foregoing and the concessions of the parties, Decision will be enteredPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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