- 9 - Accuracy-Related Penalty In the notice of deficiency, respondent determined that petitioners were liable for the accuracy-related penalty under section 6662(a) “due to substantial understatement of tax”. Section 6662(a) imposes a penalty of 20 percent of the portion of the underpayment which is attributable to any substantial understatement of income. See sec. 6662(b)(2). There is a substantial understatement of income tax for any year if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. See sec. 6662(d)(1). Consequently, due to our holdings on the other issues, if the Rule 155 computation does not indicate that petitioners’ understatement of tax exceeded the greater of 10 percent of the amount of tax required to be shown on the return or $5,000, petitioners will not be liable for the section 6662 accuracy-related penalty due to substantial understatement of tax. In the alternative, counsel for respondent raised in her trial memorandum the issue that petitioners negligently failed to report the income from Ortega and, therefore, are liable for the section 6662 penalty for negligence or disregard of rules or regulations. Where respondent raises a new issue after the issuance of the notice of deficiency, respondent bears the burden of proof. See Rule 142(a). Section 6662(a) imposes a penalty of 20 percent on the portion of the underpayment which is attributable to negligencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011