- 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