- 9 - accuracy-related penalty is equal to 20 percent of any portion of an underpayment of tax required to be shown on the return that is attributable to, among other choices, any substantial understatement of income tax. Sec. 6662(a) and (b)(2). A taxpayer has a substantial understatement of income tax if the amount of the understatement exceeds the greater of either 10 percent of the tax required to be shown on the return for the taxable year or $5,000. Sec. 6662(d)(1)(A). The penalties provided for in section 6662 are not imposed on any portion of an underpayment if it is shown that there was reasonable cause for such portion and the taxpayer acted in good faith with respect to that portion. Sec. 6664(c)(1); sec. 1.6664-4(b), Income Tax Regs. Whether the taxpayer has acted with reasonable cause and in good faith is determined by relevant facts and circumstances, including the taxpayer’s own efforts to assess his proper tax liability. Sec. 6664(c); Stubblefield v. Commissioner, T.C. Memo. 1996-537. Petitioners do not dispute adjustments in the notice of deficiency including omitted wage income of $144, omitted interest income of $15, and omitted cancellation of debt income of $1,141. Also, at trial petitioners conceded omitted income received from Sal Parziale or JWH of $11,471. Further, we concluded that petitioner received an additional $8,000 from this source. Petitioners did not provide any explanation as to the failure to report these items of income. We conclude thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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