- 14 - (b)(2). Respondent based the determination of the section 6662(a) penalty on petitioners' underpayment being due to a substantial understatement. See sec. 6662(b)(2). Section 6662(d)(1)(A) treats an understatement as substantial when it exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on the return. The understatement is reduced for purposes of section 6662(d)(1)(A) by that portion of the understatement which is attributable to the tax treatment of any item (1) if there is or was substantial authority for such treatment or (2) if the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. Sec. 6662(d)(2)(B). To determine whether the treatment of any portion of an understatement is supported by substantial authority, we must consider whether the weight of authorities in support of the taxpayer's position is substantial in relation to the weight of authorities supporting contrary positions. Norgaard v. Commissioner, 939 F.2d 874 (9th Cir. 1991), affg. in part and revg. in part T.C. Memo. 1989-390; Antonides v. Commissioner, 91 T.C. 686, 702-703 (1988), affd. 893 F.2d 656 (4th Cir. 1990); sec. 1.6662-4(d)(3), Income Tax Regs. With respect to the penalty under section 6662, the burden of proof is on petitioners. Rule 142(a). Petitioners do not argue that they had substantial authority for their position. Rather, they argue that the penalty should not apply because theyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011