- 164 - included an additional reasonable cause and good faith exception to the section 6662(e) penalty for transfer pricing valuation misstatements. Finally, the substantial understatement penalty does not apply to understatements attributable to (1) items supported by “substantial authority” or (2) items that are “adequately disclosed” on the return. Sec. 6662(d)(2)(B). With respect to the section 6662 determinations, petitioners bear the burden of showing that the penalty does not apply. Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989) (citing Bixby v. Commissioner, 58 T.C. 757, 791 (1972)). Negligence includes any failure “to make a reasonable attempt to comply with the provisions of this title”. Sec. 6662(c). A taxpayer may not be negligent where the taxpayer relies in good faith upon an appraisal in reporting a transaction. Petitioners argue that they relied in good faith upon Bain’s $20 million appraisal of the trademark rights that DHL conveyed. Petitioners point out that Bain was well known to them and had worked on strategy and planning in connection with the UPS discussions, assisted in the UPS negotiations, and prepared the PLP costing model used by DHL and the PRISM costing model used by DHLI. Petitioners claim that they relied on Bain’s background and expertise and that the reliance was reasonable, so they were not negligent in reporting the $20 million gain from the trademark sale.Page: Previous 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Next
Last modified: May 25, 2011