- 38 - a substantial understatement of tax with respect to the SWI stock. See sec. 6662(b)(2). Petitioners have not challenged respondent's deter- mination of negligence with respect to the understatement attributable to the gains from a transaction involving Home Depot stock. Although the Stipulation of Settled Issues states that petitioners concede underreporting the gain as determined in respondent's notice of deficiency, the stipulation is silent on the issue of the section 6662 penalty. At trial, petitioners' counsel informed the Court that this issue had not been resolved. Petitioners bear the burden of proving that they are not liable for the penalty as determined by respondent. Rule 142(a). Petitioners have not met this burden with respect to the understatement attributable to the transaction involving Home Depot stock. They introduced no evidence disputing the section 6662 penalty, and failed to raise any argument during trial or on brief as to why the penalty is inapplicable. Accordingly, we sustain respondent's determination that petitioners are liable for the section 6662 penalty with respect to such understatement. In light of the foregoing, and to reflect concessions and settled issues,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011