James E. Zurcher - Page 9

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               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 the               




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