Jacob and Chana Pinson, et al. - Page 49




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          any failure by the taxpayer to keep adequate books and records or           
          to substantiate items properly.”  Sec. 1.6662-3(b)(1), Income Tax           
          Regs.                                                                       
               A “substantial understatement” is declared by section                  
          6662(d)(1) to exist where the amount of the understatement                  
          exceeds the greater of 10 percent of the tax required to be shown           
          on the return for the taxable year or $5,000 ($10,000 in the case           
          of a corporation).  For purposes of this computation, the amount            
          of the understatement is reduced to the extent attributable to an           
          item:  (1) For which there existed substantial authority for the            
          taxpayer’s treatment thereof, or (2) with respect to which                  
          relevant facts were adequately disclosed on the taxpayer’s return           
          or an attached statement.  See sec. 6662(d)(2)(B).                          
               An exception to the section 6662(a) penalty is set forth in            
          section 6664(c)(1) and reads:  “No penalty shall be imposed under           
          this part with respect to any portion of an underpayment if it is           
          shown that there was a reasonable cause for such portion and that           
          the taxpayer acted in good faith with respect to such portion.”             
          The taxpayer bears the burden of establishing that this                     
          reasonable cause exception is applicable, as respondent’s                   
          determination of an accuracy-related penalty is presumed correct.           
          See Rule 142(a).                                                            
               Regulations interpreting section 6664(c) state:                        
                    The determination of whether a taxpayer acted with                
               reasonable cause and in good faith is made on a case-                  





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