Anthony N. and Marie M. Finazzo - Page 29





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              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.                                                  




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