- 12 -12 the 7.5-percent payment to Weisel (or the Weisel payment to petitioner) was in consideration for any settlement by petitioner of a claim for damages on account of personal injuries. II. Section 6662 Penalty Section 6662(a) imposes a penalty in the amount of 20 percent of any portion of an underpayment of tax required to be shown on a return that is attributable to one or more factors listed in section 6662(b). Those factors include negligence or disregard of rules or regulations and 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, and the term “disregard” includes “any careless, reckless, or intentional disregard.” Sec. 6662(c). Section 6662(d)(1)(A) provides that there is a substantial understatement of income tax if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return for the taxable year or $5,000. Petitioner has the burden of proving that respondent’s determination under section 6662(a) is incorrect. Rule 142(a). Petitioner has failed to submit any evidence or argument with respect to respondent's determination that petitioner is liable for the penalty pursuant to section 6662(a), except forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011