Edward P. Knoll and Mary K. King-Knoll - Page 29

                                       - 29 -                                         
         sufficient to characterize the advances as loans.  There were no             
         restrictions or conditions precedent to petitioner’s use of the              
         advances.  Further, upon receipt, petitioner had dominion over               
         and an unfettered right to use the advances.                                 
               Accordingly, we hold that the aggregate advance payments of            
         $48,420 were reportable as taxable income in petitioner’s 1993               
         tax year.                                                                    
         III.  Are Petitioners Liable for Penalties Under Section                     
                6662(a) for Substantial Understatement of Tax or The                  
                Negligent Disregard of The Rules and Regulations?                     
               Section 6662 provides for a 20-percent penalty on any                  
         understatement of tax attributable to negligence or disregard of             
         the rules or regulations, or any substantial understatement of               
         income tax.11  Pursuant to section 6662(c), negligence includes              
         any failure to make a reasonable attempt to comply with the                  
         Internal Revenue Code including a careless, reckless, or                     
         intentional disregard of the Code.  A substantial understatement             
         of tax exists if the amount of the understatement exceeds the                
         greater of 10 percent of the tax required to be shown on the                 
         return or $5,000.  Sec. 6662(d)(1)(A).  If an understatement                 
         exists, it may be reduced by the portion of the understatement               
         for which the taxpayer had substantial authority, or the amount              
         for which the taxpayer disclosed relevant facts and had a                    

               11 As previously noted, no question has been raised with               
         respect to the burden of proof or production under sec. 7491.                





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011