- 21 - III. Section 6662 Respondent determined that petitioners are liable for section 6662(a)'s accuracy-related penalty for 1989 through 1992 because there was a substantial understatement of income tax liability. See sec. 6662(b)(2) and (d). In the alternative, respondent determined that petitioners are liable for the negligence penalty under section 6662(a), (b)(1), and (c).8 Section 6662(a) imposes an accuracy-related penalty equal to 20 percent of the portion of an underpayment that is due to a substantial understatement of tax or negligence. A substantial understatement means an understatement which exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1). The understatement is reduced by that portion of the understatement for which the taxpayer had substantial authority or for which the taxpayer adequately disclosed the relevant facts in the return. Sec. 6662(d)(2)(B). In order to avoid the negligence penalty, petitioners must show that they made a reasonable attempt to comply with the provisions of the Internal Revenue Code and that they were not careless, reckless, or in intentional disregard of rules or regulations. 8 In brief, respondent argues only for the imposition of the accuracy-related penalty under sec. 6662(a) and (b)(1) for negligence or disregard of rules or regulations. We do not interpret this to be a concession by respondent as to the penalty for any substantial understatement of income tax and proceed accordingly.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