- 8 - Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). We are not required to accept the self-serving statements of petitioner as the truth. On this record, we hold that petitioner had unreported items of gross income in the taxable year 1996 as determined by respondent. Accordingly, we sustain respondent’s determination of petitioner’s income tax deficiency with respect to the 1996 taxable year. Finally, we must decide whether petitioner is liable for the section 6662(a) accuracy-related penalty for the 1996 taxable year. 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. As mentioned, section 7491(c) imposes on respondent the burden of production of evidence that the section 6662(a) penaltyPage: Previous 1 2 3 4 5 6 7 8 9 Next
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