Richard J. and Carol C. Spera - Page 21

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          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.                                                                





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