Albert J. Henry - Page 30

                                       - 30 -                                         

          option program does not obviate Henry's responsibility to ensure            
          that the 1982 return was accurately filed.  See LaVerne v.                  
          Commissioner, 94 T.C. at 652-653; Pritchett v. Commissioner, 63             
          T.C. at 174; see generally sec. 1.6661-6(b), Income Tax Regs.               
          Accordingly, we hold that petitioners are liable for the                    
          additions to tax for negligence.                                            
          Substantial Understatement Addition to Tax                                  
               Next, petitioners contend that respondent erred in                     
          determining additions to tax for substantial understatements                
          under section 6661.  Section 6661(a) imposes an addition to tax             
          when there is a "substantial understatement of income tax for any           
          taxable year".  As applicable here, the addition to tax under               
          section 6661(a) is equal to 25 percent of the underpayment                  
          attributable to the substantial understatement.  Pallottini v.              
          Commissioner, 90 T.C. 498 (1988).  Petitioners bear the burden of           
          proving that the addition to tax under section 6661 is not                  
          applicable.  Rule 142(a).                                                   
               Section 6661(b)(2)(A) defines "understatement" as the                  
          excess of the amount of tax required to be shown on the return              
          over the amount of tax actually reported on the return.  This               
          understatement will be "substantial" if the amount of such                  
          understatement exceeds the greater of 10 percent of the amount of           
          tax required to be shown on the return for the taxable year, or             
          $5,000.  Sec. 6661(b)(1)(A).                                                





Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011