James Lindsey and Lynne Lindsey - Page 7




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          rebate.  Sec. 6662(d)(2).  Under section 6662(d)(1), the                    
          understatement is substantial if the amount of the understatement           
          exceeds the greater of (1) 10 percent of the tax required to be             
          shown on the return or (2) $5,000.                                          
               Here, petitioners received $65,210 of income from RPT PRN              
          LLC.  They reported, however, only $18,814 of income received               
          from RPT PRN LLC in their tax return.  Petitioners’ tax return              
          showed $13,176 as tax due, while the actual tax due was $26,948.            
               Petitioners failed to raise any non-partnership-level issues           
          as to the deficiency, and they have failed to raise any other               
          defenses in order to avoid the accuracy-related penalty under               
          section 6662(a).  See secs. 6662(d)(2)(B), 6664(c)(1); sec.                 
          1.6664-4(b)(1), (c)(1)(i), (e)(1), Income Tax Regs.  It follows             
          that petitioners had a substantial understatement of tax.                   
          Therefore, we hold that petitioners are liable for the accuracy-            
          related penalty of $2,754.40 under section 6662(d).                         
               We have considered all arguments made by the parties and               
          have found those arguments not discussed herein to be irrelevant            
          and/or without merit.  To reflect the foregoing,                            
                                                  An appropriate order and            
                                             decision will be entered for             
                                             respondent.                              










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