Sanford M. and Sally Kirshenbaum - Page 20




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          per curiam 540 F.2d 821 (5th Cir. 1976).                                    
               As relevant herein, section 6662(a) imposes an accuracy-               
          related penalty equal to 20-percent of an underpayment that is              
          due to a substantial understatement of income tax.  See sec.                
          6662(a) and (b)(2).  An individual substantially understates his            
          or her income tax when the reported tax is understated by the               
          greater of 10-percent of the tax required to be shown on the                
          return or $5,000.  Sec. 6662(d)(1)(A).  Tax is not understated to           
          the extent that the treatment of the item is (1) based on                   
          substantial authority, or (2) relevant facts are adequately                 
          disclosed in the return or in a statement attached to the return            
          and there is a reasonable basis for the tax treatment of such               
          item by the taxpayer.  Sec. 6662(d)(2)(B).                                  
               Moreover, the accuracy-related penalty does not apply with             
          respect to any portion of an underpayment if it is shown that               
          there was reasonable cause for such portion and that the taxpayer           
          acted in good faith with respect to such portion.  Sec.                     
          6664(c)(1).  The determination of whether a taxpayer acted with             
          reasonable cause and in 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 most             
          important factor is the extent of the taxpayer’s effort to assess           
          the taxpayer’s proper tax liability for such year.  Id.                     
               Petitioner reported zero tax on his 1998 return.  The amount           






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