- 9 - as to consider him an employee. It follows that the compensation that petitioner received from AAA during 1997 does not constitute self-employment income within the meaning of section 1401. 3. Substantial Understatement of Income Tax Section 6662(a) imposes an accuracy-related penalty of 20 percent of any portion of an underpayment of tax that is attributable to a substantial understatement of income tax. Sec. 6662(b)(2), (d). An understatement of income tax is a substantial understatement of income tax if it exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the taxpayer’s return. Sec. 6662(d)(1). Ignoring conditions not relevant here, for purposes of section 6662, an understatement is defined as the excess of the amount of the tax required to shown on the taxpayer’s return over the amount of the tax which is shown on the return. Sec. 6662(d)(2)(A). In this case, for purpose of section 6662, the amount of tax required to be shown on petitioners’ 1997 return is $1,796.2 The amount of tax shown on the return is zero.3 Because the difference between these two amounts is less than 2 This is the sec. 1 income tax that results from including in petitioners’ 1997 income the compensation that petitioner received from AAA during that year. 3 Unlike the computation of a deficiency under sec. 6211 or the computation of an understatement for purposes of sec. 6694, the earned income credit claimed on petitioners’ 1997 return (and disallowed in the notice of deficiency) is not taken into account in the computation of the understatement of income tax for purposes of sec. 6662.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011