- 23 -23 percent addition to tax for failure to timely file his 1991 tax return. Issue 5. Accuracy-Related Penalty The final issue for decision is whether petitioner is liable for the accuracy-related penalty for the substantial understatement of tax pursuant to section 6662. Petitioner asserts that he had reasonable cause for the understatement of tax. Section 6662 imposes an accuracy-related penalty equal to 20 percent of any portion of an understatement attributable to a substantial understatement. A substantial understatement means an understatement which exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1). The understatement is reduced by that portion of the understatement for which the taxpayer had substantial authority or for which the taxpayer adequately disclosed the relevant facts in the return. Sec. 6662(d)(2)(B). Additionally, no penalty is imposed with respect to any portion of an understatement as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1). Petitioner provided no disclosures in his return and supplied this Court with no substantial authority for his positions. See sec. 1.6662-4(d)(3), Income Tax Regs. Also, he failed to prove that his effort to assess his proper tax liability was sufficient to establish reasonable cause and good faith. See sec. 1.6664-Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011