- 22 - 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 notPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011