Walter J. & Virginia L. Ward, et al. - Page 12




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          demonstrated that no genuine issue exists as to any material fact           
          and a decision may be rendered as a matter of law.  Rule 121(b);            
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994).                                                
               We conclude that there is no genuine issue as to any                   
          material fact and that a decision may be rendered as a matter of            
          law.                                                                        
               Pursuant to section 6662(a), a taxpayer may be liable for a            
          penalty of 20 percent on the portion of an underpayment of tax              
          due to negligence or disregard of rules or regulations or a                 
          substantial understatement of income tax.  Sec. 6662(b).  An                
          “understatement” is the difference between the amount of tax                
          required to be shown on the return and the amount of tax actually           
          shown on the return.  Sec. 6662(d)(2)(A).  A “substantial                   
          understatement” exists if the understatement exceeds the greater            
          of (1) 10 percent of the tax required to be shown on the return             
          for a taxable year, or (2) $5,000.  Sec. 6662(d)(1).  The                   
          understatement is reduced to the extent that the taxpayer (1) has           
          adequately disclosed facts affecting the tax treatment of an item           
          and there is a reasonable basis for such treatment, or (2) has              
          substantial authority for the tax treatment of an item.  Sec.               
          6662(d)(2)(B).                                                              
               Section 6664(c)(1) provides that no accuracy-related penalty           
          shall be imposed with respect to any portion of an underpayment             






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