Richard B. Crow - Page 11




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               Section 6662(a) imposes a penalty equal to 20 percent of the           
          portion of an underpayment of tax attributable to a taxpayer’s              
          negligence, disregard of rules or regulations, or substantial               
          understatement of income tax.  Sec. 6662(a), (b)(1) and (2).  An            
          understatement is “substantial” if it exceeds the greater of 10             
          percent of the tax required to be shown on the return for the               
          taxable year, or $5,000.  Sec. 6662(d)(1) and (2).                          
               Respondent concedes that he bears the burden of production             
          under section 7491(c) with respect to the accuracy-related                  
          penalty.  Petitioner reported tax liability of $1,020.01 on his             
          1998 return.  We have sustained respondent’s determination that             
          petitioner has a deficiency of $10,000 for 1998.  Thus, there was           
          an understatement of tax because the deficiency exceeds the                 
          greater of 10 percent of the tax required to be shown on                    
          petitioner’s 1998 return, or $5,000.                                        
               The accuracy-related penalty does not apply to any part of             
          an underpayment if the taxpayer shows that there was reasonable             
          cause for that part of the underpayment and that he acted in good           
          faith in view of the facts and circumstances.  Sec. 6664(c).  The           
          determination of whether a taxpayer acted with reasonable cause             
          and good faith is made on a case-by-case basis, taking into                 
          account all the pertinent facts and circumstances.  Sec. 1.6664-            
          4(b)(1), Income Tax Regs.  The taxpayer bears the burden of                 








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