- 9 - Respondent also determined that petitioner was liable for a penalty under section 6662(a) because he substantially understated his Federal income tax. See sec. 6662(b)(2). As relevant herein, section 6662(a) imposes an accuracy-related penalty equal to 20 percent of an underpayment that is due to a substantial understatement of income tax. An individual substantially understates his or her income tax when the reported tax is understated by the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1)(A). Tax is not understated to the extent that the treatment of the item related thereto is based on substantial authority or is adequately disclosed in the return or in a statement attached to the return. Sec. 6662(d)(2)(B). Section 6662's accuracy-related penalty does not apply to any portion of an underpayment to the extent that an individual has reasonable cause for that portion and he or she acts in good faith with respect thereto. Sec. 6664(c)(1). Such a determination is made by taking into account all facts and circumstances, including the experience and knowledge of the taxpayer and his or her reliance on a professional tax adviser. Sec. 1.6664-4(b)(1), Income Tax Regs. We hold that petitioner is not liable for the penalty in dispute. Petitioner relied reasonably on his C.P.A. to report correctly the subject sale. Petitioner met with the C.P.A. beforehand to discuss the facts surrounding the sale, and thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011