Marvin L. Barmes and Barbara J. Barmes - Page 83




                                       - 83 -                                         
          case of an individual if it exceeds the greater of 10 percent of            
          the tax required to be shown or $5,000, see sec. 6662(d)(1)(A).             
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  See sec. 6664(c)(1).                  
               Petitioners introduced no evidence and advance no conten-              
          tions with respect to the accuracy-related penalty under section            
          6662(a).  On the record before us, we find that petitioners have            
          failed to show that they were not negligent and did not disregard           
          rules or regulations within the meaning of section 6662(b)(1), or           
          otherwise did what a reasonable person would do, with respect to            
          any portion of the underpayment for 1995.  On that record, we               
          further find that petitioners have failed to show that they acted           
          with reasonable cause and in good faith with respect to any                 
          portion of the underpayment for that year.40  See sec. 6664(c).             
               Based on our examination of the entire record before us, we            
          find that petitioners have failed to establish any error in                 
          respondent’s determination that they are liable for the year at             
          issue for the accuracy-related penalty under section 6662(a).               


               40We also find on the record before us that there is a                 
          substantial understatement of tax under sec. 6662(b)(2).  Peti-             
          tioners showed no tax in petitioners’ 1995 joint return.  The tax           
          required to be shown in that return, as calculated by respondent            
          in the notice, is $315,478, and we have sustained all of respon-            
          dent’s determinations in the notice.                                        





Page:  Previous  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  Next

Last modified: May 25, 2011