- 13 -13 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-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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