- 34 - 6211(b)(2)), then there is an understatement of tax. This understatement is "substantial" if the excess amount exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on the return. Sec. 6662(d)(1). However, section 6662(d)(2)(B) provides that the understatement is reduced to the extent that (1) the tax treatment of an item shown on the return was supported by substantial authority or (2) the facts affecting the item's tax treatment are adequately disclosed and there is a reasonable basis for such treatment. Petitioners' 1990 Federal income tax return reported a tax liability of $392. Based upon concessions made by petitioners in the stipulations of facts, without accounting for the contested adjustments, there appears to exist an understatement of tax, which exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on the return. Section 6662(a) imposes a penalty equal to 20 percent of the portion of the underpayment due to negligence or disregard of rules or regulations. The term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code and "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). On their 1991 and 1992 Federal income tax returns, petitioners admittedly claimed a depreciation deduction for a boat which they now concede is not properly deductible. Mr. Lencke purchased the boat with no business purpose. PetitionersPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011