21 of tax shown on the taxpayer's return is less than the amount required to be shown on the return. Sec. 6661(b)(2)(A). In the case of individuals, an understatement is substantial if it exceeds the greater of $5,000 or 10 percent of the tax required to be shown. Sec. 6661(b)(1)(A). The amount of the understatement may be reduced under section 6661(b)(2)(B) for amounts adequately disclosed or supported by substantial authority. Respondent's determination of the addition to tax is presumed correct, and petitioner must prove otherwise. Rule 142(a); Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984), affg. T.C. Memo. 1982-337; Bixby v. Commissioner, supra at 791- 792. Respondent determined that petitioners Heller and Murphy are liable for an accuracy-related penalty for a substantial understatement of income tax under section 6662 for the entire underpayments for their 1989 taxable year. Section 6662(a) imposes a penalty equal to 20 percent of the portion of the underpayment that is attributable to a substantial understatement of income tax. Petitioners argue that substantial authority supports their respective positions. Substantial authority exists for the tax treatment of an item only if the weight of the authorities supporting the treatment is substantial in relation to the weight of the authorities supporting contrary positions. Accardo v. Commissioner, 942 F.2d 444, 453 (7th. Cir. 1991), affg. 94 T.C.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011