David M. and Audrey J. Fugitt - Page 10

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               B.  Section 6662(a)9                                                   
               The last issue for decision is whether petitioners are                 
          liable for an accuracy-related penalty pursuant to section                  
          6662(a) for the year in issue.  As relevant herein, section                 
          6662(a) imposes a penalty equal to 20-percent of any underpayment           
          of tax that is due to a substantial understatement of income.               
          See sec. 6662(a) and (b)(2).  An individual substantially                   
          understates his or her income tax when the reported tax is                  
          understated by the greater of 10-percent of the tax required to             
          be shown on the return or $5,000.  Sec. 6662(d)(1)(A).  Tax is              
          not understated to the extent that the treatment of the item                
          related thereto is based on substantial authority or is                     
          adequately disclosed in the return or in a statement attached to            
          the return and there is a reasonable basis for the tax treatment            
          of such item by the taxpayer.  Sec. 6662(d)(2)(B).  In addition,            
          no penalty shall be imposed if it is shown that there was                   
          reasonable cause for the underpayment and the taxpayer acted in             
          good faith with respect to the underpayment.  Sec. 6664(c)(1).              
               Petitioners make no argument with regard to substantial                
          authority or adequate disclosure, and we think that no such                 
          argument can be persuasively made.  Based on the record before              


               9  Respondent has satisfied his burden of production under             
          sec. 7491(c) with respect to the accuracy-related penalty under             
          sec. 6662(a) and (b)(1).  Sec. 7491(c); Rule 142(a); Higbee v.              
          Commissioner, 116 T.C. 438, 446-447 (2001).                                 





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