- 36 - penalty is properly imposed for each of the taxable years at issue in these dockets. Petitioners contend that they are not liable for the substantial understatement penalty because they did not substantially understate their income tax liabilities. ECI separately alleges that “the underpayment of tax after all agreed adjustments is less than $10,000.” (Emphasis added.) Rather than point out all of petitioner’s errors in making this statement, we defer to the Rule 155 computation for resolution of ECI’s liability. The Cordes children24 and CFC claim that (1) they did not understate their income tax and, alternatively, (2) they relied on their financial adviser/return preparer for correct and proper tax return preparation and that such reliance absolves them of liability for the penalty. As to their first argument, to the extent the Rule 155 computation discloses a substantial understatement as defined in section 6662(d)(1), petitioners’ primary argument fails. If the Rule 155 computation discloses no substantial understatement, then no accuracy-related penalty is proper as to that petitioner for that taxable year. 24We have found that the Cordes children did not receive constructive dividends, and it appears that the Rule 155 computation will demonstrate that they did not substantially understate their respective income tax liabilities. We nevertheless address the accuracy-related penalties as they relate to these petitioners, in the unlikely event that the Rule 155 computation does demonstrate a substantial understatement.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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