- 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