- 20 - National. Our conclusion obviates the need to address respondent's alternative positions regarding this issue. Issue 2. Whether Petitioners Are Liable for the Section 6662 Accuracy-Related Penalty for a Substantial Understatement of Tax Respondent determined that petitioners are liable for the accuracy-related penalty under section 6662(a) for 1989. Section 6662, which is applicable to returns due after December 31, 1989, imposes a penalty in an amount equal to 20 percent of the underpayment of tax resulting from a substantial understatement of tax. Sec. 6662(a). Petitioners bear the burden of proving that respondent's determination is erroneous. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). An understatement is equal to the excess of the amount of tax required to be shown in the return less the amount of tax shown in the return. Sec. 6662(d)(2)(A). An understatement is substantial in the case of an individual if it exceeds the greater of 10 percent of the tax required to be shown in the return or $5,000. Sec. 6662(d)(1)(A). An understatement is reduced to the extent it is based on substantial authority, or adequately disclosed in the return or in a statement attached thereto. Sec. 6662(d)(2)(B). The accuracy-related penalty under section 6662 does not apply with respect to any portion of an underpayment if it is shown that there was reasonable cause for such portion of the underpayment and that the taxpayer acted in good faith withPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011