Curtis R. and Lynn Bitker - Page 40

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          to petitioners in 1996 are unaffected by the adjustment to the              
          amount of partnership liabilities.                                          
               Since we conclude that petitioners had sufficient bases taking         
          into account only the assets and liabilities agreed to by the               
          parties, we need not decide other arguments made by petitioners             
          regarding this issue.                                                       
               C.   Whether Petitioners Are Liable for The Accuracy-Related           
                    Penalties Under Section 6662(a) for The Years at Issue.           
               Respondent contends that petitioners are liable for an                 
          accuracy-related penalty under section 6662(a).  Respondent has the         
          burden of production under section 7491(c) and must come forward            
          with evidence sufficient for us to sustain the section 6662(a)              
          penalty.  See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001);         
          Emerson v. Commissioner, T.C. Memo. 2003-82.                                
               As pertinent here, section 6662(a) imposes a 20-percent                
          penalty on the portion of an underpayment attributable to                   
          negligence or disregard of rules or regulations, sec. 6662(b)(1),           
          or a substantial understatement of tax, sec. 6662(b)(2).                    
          Negligence includes any failure to make a reasonable attempt to             
          comply with the provisions of the Internal Revenue Code, including          
          any failure to keep adequate books and records or to substantiate           
          items properly.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax              
          Regs.  An “understatement” is the excess of the amount of tax               
          required to be shown in the tax return over the amount of tax shown         







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