Fatai O. and Mary King - Page 14




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          Accuracy-Related Penalty                                                    
               The final issue is whether petitioners are liable for the              
          accuracy-related penalty under section 6662(a) for 1994.  Section           
          6662(a) imposes a penalty in an amount equal to 20 percent of the           
          portion of the underpayment of tax attributable to a taxpayer's             
          negligence or any substantial understatement of income tax.  See            
          sec. 6662(a) and (b)(1) and (b)(2).                                         
               Section 6662(c) provides that the term "negligence" includes           
          any failure to make a reasonable attempt to comply with the                 
          provisions of this title, and the term "disregard" includes any             
          careless, reckless, or intentional disregard of rules or                    
          regulations.  The Commissioner's determination that a taxpayer              
          was negligent is presumptively correct, and the burden is on the            
          taxpayer to show lack of negligence.  See Hall v. Commissioner,             
          729 F.2d 632, 635 (9th Cir. 1984), affg. T.C. Memo. 1982-337;               
          Marcello v. Commissioner, 380 F.2d 499, 506-507 (5th Cir. 1967),            
          affg. in part and remanding in part 43 T.C. 168 (1964); Bixby v.            
          Commissioner, 58 T.C. 757, 791 (1972).  An understatement of tax            
          is substantial if it exceeds the greater of 10 percent of the tax           
          required to be shown on the return for the taxable year or                  
          $5,000.  See sec. 6662(d)(1)(A)(i) and (ii).  The                           
          accuracy-related penalty will apply unless petitioners can                  
          demonstrate that there was reasonable cause for the underpayment            







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