- 14 - shown on the return over the amount of tax that is shown on the return, reduced by any rebates. Sec. 6662(d)(2)(A). Section 6662(d)(2)(B) provides that the amount of the understatement shall be reduced by that portion of the understatement that is attributable to the tax treatment of any item by the taxpayer if there is or was substantial authority for the treatment, or any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return, and there is reasonable basis for such treatment. Petitioners did not establish that any of the exonerating provisions of section 6662 or section 6664(c) would apply to reduce the amount of, or extinguish the existence of, a substantial understatement of income tax for 1992. Moreover, petitioners conceded the underpayment of tax attributable to their failure to report the IRA distribution on their 1992 return. Respondent, therefore, is sustained on the section 6662(a) penalty. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011