- 29 - additional interest element for negligence under sections 6653(a), 6653(a)(1) and (2). [Id. at 178.] None of the circumstances that were determinative in Krause v. Commissioner, supra, are present in the instant case. Petitioners’ reliance on the cited case is misplaced. In view of the foregoing, we hold that petitioners are liable for the additions to tax under section 6653(a)(1) and (2) for negligence. Respondent’s determination is sustained. II. Section 6661(a) Substantial Understatement of Tax Liability The second issue for decision is whether petitioners are liable for an addition to tax under section 6661(a). That section, as amended by the Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, sec. 8002, 100 Stat. 1951, provides for an addition to tax of 25 percent of the amount of any underpayment attributable to a substantial understatement of income tax. Petitioners bear the burden of proving that they are not liable for the addition to tax. Monahan v. Commissioner, 109 T.C. 235, 257 (1997); Kellen v. Commissioner, T.C. Memo. 2002-19; Mueller v. Commissioner, T.C. Memo. 2001-178.21 A substantial understatement of income tax exists if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return, or $5,000. Sec. 6661(b)(1)(A). Generally, the amount of an understatement is 21 See supra note 13.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011