- 9 - income tax. Section 6662(d) defines a substantial understatement as an understatement of income tax for the taxable year that exceeds the greater of 10 percent of the tax required to be shown on the tax return or $5,000. If, however, the taxpayer can show that either substantial authority exists for the treatment of the items at issue or the taxpayer has adequately disclosed such items, and that there is a reasonable basis for petitioner’s tax treatment of the item, section 6662(a) will not apply. See sec. 6662(d)(2)(B); Rule 142(a). Petitioner argues that the substantial understatement penalty should not be imposed because (1) he believed in good faith that he owed no obligation to either report or pay taxes on the $99,880, and (2) substantial authority exists supporting the conclusion that mere couriers are not the owners of property. We do not believe petitioner acted either reasonably or in good faith. As stated supra, we believe petitioner was the owner of the money and did not act as a mere courier. Consequently, we sustain respondent's imposition of the accuracy-related penalty. In reaching our conclusions herein, we have considered all arguments presented and, to the extent not discussed above, find them to be without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011