Debra L. Streck and Donald W. Streck - Page 21

                                       - 21 -                                         
          pursuant to section 6661 with respect to their 1983, 1984, and              
          1985 income tax returns.  As in effect during 1983, 1984, and               
          1985, section 6661(a) imposed an addition to tax equal to 10                
          percent of the amount of any underpayment attributable to a                 
          substantial understatement of income tax.  An understatement is             
          defined in section 6661(b)(2)(A) as the excess of the amount of             
          tax required to be shown on the return over the amount of tax               
          imposed which is shown on the return.  There is a substantial               
          understatement under section 6661(b)(1)(A) if the amount of the             
          understatement for the taxable year exceeds the greater of 10               
          percent of the tax required to be shown on the return or $5,000.            
          All of petitioners' tax returns for the years in issue have                 
          understatements of tax in excess of the threshold.                          
               Petitioners bear the burden of proving that the additions to           
          tax do not apply.  Rule 142(a); Luman v. Commissioner, 79 T.C.              
          846, 861-862 (1982).  Petitioners failed to introduce convincing            
          evidence that they were not negligent or that respondent's                  
          determination is erroneous.  Accordingly, we sustain respondent's           
          determination that petitioners are liable for the additions to              
          tax pursuant to section 6653(a)(1)(A) and (B) in 1986 and section           
          6661 with respect to their returns in 1983, 1984, and 1985.                 


                                                  Decision will be entered            
                                             under Rule 155.                          






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  

Last modified: May 25, 2011