Robert A. & Gerri M. Smith - Page 13

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             contention.  Accordingly, petitioners are liable for the section                                     
             6651(a)(1) additions to tax.                                                                         
             IV.  The Accuracy-Related Penalties                                                                  
                    Respondent also determined that for 1990 through 1993                                         
             petitioners were liable, pursuant to section 6662(a), for                                            
             substantial understatements of tax penalties.  Section 6662(a)                                       
             imposes a penalty equal to 20 percent of the amount of any                                           
             underpayment attributable to a substantial understatement of                                         
             income tax.  Pursuant to section 6662(d), an understatement is                                       
             the amount by which the correct tax exceeds the tax reported on                                      
             the return.  The understatement is substantial if it exceeds the                                     
             greater of $5,000 or 10 percent of the correct tax.  Sec.                                            
             6662(d)(1)(A).                                                                                       
                    Respondent calculated petitioners' understatement by                                          
             subtracting the tax reported on their originally filed returns                                       
             from the tax that should have been reported on those returns.                                        
             Petitioners contend that the amount of any understatement should                                     
             be based on the tax reported on the amended returns for 1990,                                        
             1991, and 1992 instead of the original returns for those years.                                      
             We reject petitioners' contention.  Petitioners filed their                                          
             returns only upon the demand of the IRS collection officer that                                      
             seized their retail store.  Under these circumstances, we                                            
             conclude that it was appropriate for respondent to use the amount                                    
             reported on petitioners' original returns.  See sec. 1.6662-                                         





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