Mary T. King and Fatai O. King - Page 22




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             6662(a).  Under section 6662, a penalty is added to a                      
             taxpayer's tax liability if any portion of an underpayment                 
             is attributable to negligence or disregard of the rules or                 
             regulations, see sec. 6662(b)(1), or attributable to a                     
             substantial understatement of income tax, see sec.                         
             6662(b)(2).  For this purpose, an understatement is                        
             "substantial" if it exceeds the greater of $5,000 or 10                    
             percent of the tax required to be shown on the taxpayer's                  
             return.  Sec. 6662(d).  The amount of the penalty is 20                    
             percent of the portion of the underpayment to which the                    
             section applies.  See sec. 6662(a).                                        
                  In this case, petitioners’ understatement was                         
             substantial.  Petitioners did not address this issue at                    
             trial, in their petition, trial memorandum, or posttrial                   
             brief.  By failing to address the issue, petitioners have                  
             conceded it.  See, e.g., Money v. Commissioner, 89 T.C. 46,                
             48 (1987).  Accordingly, we sustain respondent's                           
             determination that petitioners are liable for the accuracy-                
             related penalty.                                                           
                  The final issue for decision is whether petitioners                   
             are liable for an addition to tax under section 6651(a)(1)                 
             for 1993.  If a taxpayer fails to file an income tax return                
             on time, section 6651(a)(1) imposes an addition to tax                     
             unless the failure was "due to reasonable cause and not                    






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