- 19 - increase in the penalty attributable to petitioners' underreporting of income for 1990 is a new matter within the meaning of Rule 142(a), for which respondent bears the burden of proof. Respondent, however, made no argument on brief regarding the increase. Consequently, we consider the increase in the penalty attributable to petitioners' underreporting of income for 1990 to have been conceded by respondent. Rybak v. Commissioner, 91 T.C. 524, 566 (1988). Section 6662(a) imposes a 20-percent penalty on the portion of an underpayment of tax that is attributable to, inter alia, (1) negligence or disregard of rules or regulations or (2) any substantial understatement of income tax. The term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of the Code, including failure to exercise due care, failure to do what a reasonable person would do under the circumstances, or failure to keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b)(1), Income Tax Regs. The term "disregard" includes any careless, reckless, or intentional disregard of the Code or the temporary or final regulations issued pursuant to the Code. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. A substantial understatement of tax is defined as the amount which exceeds the greater of 10 percent of the tax required to be shown on the return for the taxable year or $5,000. Sec. 6662(d)(1)(A). The accuracy-related penalty does not apply to any portionPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011