Doyce D. Gentry - Page 7




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          Thus, petitioner’s admitted understatement of $17,939 greatly               
          exceeded both 10 percent of the proper tax due4 and $5,000.  The            
          understatement thus constitutes a “substantial understatement”.5            
               Petitioner’s tax return for 1992 showed tax due of $596.               
          Respondent’s accuracy-related penalty for 1992 was attributable             
          solely to the negligence provision of section 6662(b)(1).6                  
               Petitioner has introduced no evidence to dispute                       
          respondent’s determination that petitioner’s 1991 understatement            
          was “substantial” within the meaning of the statute, or that                
          petitioner was negligent in connection with his 1992                        
          understatement.  However, petitioner argues that no accuracy-               
          related penalty should be imposed under section 6664(c)(1), which           
          provides:                                                                   
               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.                                          


               4The proper tax due consists of the $17,939 understatement             
          plus the $468 in tax shown on 1991 return, for a total of                   
          $18,407.  The understatement represents more than 97 percent of             
          the proper tax due.                                                         
               5Respondent did not assert in the notice of deficiency that            
          the 1991 penalty was also being imposed on the alternative                  
          grounds of negligence.                                                      
               6Petitioner’s admitted understatement of $1,395 for 1992               
          represents more than 10 percent of the proper tax due.  The                 
          proper tax due consists of the $1,395 understatement plus the tax           
          shown on the return of $596, resulting in a proper tax due of               
          $1,991.  The understatement thus represents more than 70 percent            
          of the proper tax due, but does not exceed $5,000.                          





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