Martin and Suzanne Higbee - Page 12




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          Taxpayers are liable for an accuracy-related penalty in the                 
          amount of 20 percent of the portion of an underpayment of tax               
          attributable to any substantial understatement of income tax.               
          Sec. 6662(a) and (b)(2).  A "substantial understatement" is an              
          understatement for the taxable year exceeding the greater of 10             
          percent of the proper tax or $5,000.  Sec. 6662(d)(1)(A).  No               
          penalty will be imposed with respect to any portion of any                  
          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.  Sec. 6664(c).  This determination is              
          based on all the facts and circumstances.  Sec. 1.6664-4(b)(1),             
          Income Tax Regs.                                                            
               Section 7491(c) imposes on respondent the burden of                    
          producing evidence to show that the section 6662(a) penalty is              
          appropriate, but respondent need not produce evidence regarding             
          reasonable cause.  Higbee v. Commissioner, supra at 446-447.                
          The Court has sustained respondent's determination of the                   
          deficiencies for both years.  Petitioners' understatements of tax           
          exceed the greater of 10 percent of the proper tax or $5,000 for            
          each year.  The Court finds that respondent has satisfied the               
          burden of production with respect to the accuracy-related                   
          penalties under section 6662(a).  Petitioners presented no                  
          evidence indicating reasonable cause for the understated income.            








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