Don C. and Judy Montgomery - Page 38

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             negligence is erroneous.  See Rule 142(a); Hitchins v.                   
             Commissioner, supra.                                                     
                  Petitioners have not introduced any evidence or made                
             any argument that they acted with reasonable care in                     
             reporting their income for 1988.  Consequently, we find                  
             that petitioners have failed to satisfy their burden of                  
             proving that respondent's determination of negligence is                 
             erroneous.                                                               
                  In addition to negligence, respondent determined that               
             petitioners are liable for the addition to tax for sub-                  
             stantial understatement of income tax, as prescribed by                  
             section 6661 with respect to their 1988 return.  As in                   
             effect during 1988, section 6661 imposed an addition to                  
             tax equal to 25 percent of any underpayment of income tax                
             attributable to a substantial understatement of liability.               
             Sec. 6661(a).  Respondent also determined that petitioners               
             are liable for the accuracy-related penalty prescribed by                
             section 6662 with respect to their 1989 return.  Section                 
             6662 imposes a penalty equal to 20 percent of any under-                 
             payment of income tax attributable to a substantial                      
             understatement of liability.  Sec. 6662(a).                              
                  Both sections 6661 and 6662 define a "substantial                   
             understatement" as an understatement of tax liability                    
             equal to the greater of 10 percent of the tax required                   





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