- 22 - with regard to the items in question. Crocker v. Commissioner, 92 T.C. 899, 917 (1989). Because of petitioners' failure to maintain such records and because of petitioners' improper calculation, without adequate explanation, of the tax basis of the Aptos residence, we conclude that petitioners are liable for the negligence additions to tax relating to the above items and to all other adjustments in issue. Section 6661(a) provides an addition to tax of 25 percent2 of the amount of any underpayment attributable to a substantial understatement of tax. The term "understatement" is defined in section 6661(b)(2)(A) as being the excess of the amount of tax required to be shown on the return for a year over and above the amount shown on the return. An understatement is substantial if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. The amount of the understatement can be reduced if substantial authority exists for the taxpayer's treatment of the item in dispute, or if the item is adequately disclosed in the return or in a statement attached to the return. Sec. 6661(b)(2)(B). For each year involved in this case, the 2 In their trial memorandum, petitioners state that a 10- percent rate was in effect for 1985. However, sec. 8002 of the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, 100 Stat. 1951, increased the rate to 25 percent for penalties assessed after Oct. 21, 1986. Therefore, the correct rate for 1985 is 25 percent. Licari v. Commissioner, 946 F.2d 690 (9th Cir. 1991), affg. T.C. Memo. 1990-4.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011