Jacqueline Medina - Page 11

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          received on account of any physical injury or physical sickness.            
          Accordingly, the $58,000 amount is not excludable under section             
          104(a)(2).                                                                  
          2.  Accuracy-Related Penalty                                                
               We turn now to the determination in the notice that                    
          petitioner is liable for the year at issue for the accuracy-                
          related penalty under section 6662(a).  Respondent has the burden           
          of production under section 7491(c) and must come forward with              
          sufficient evidence that it is appropriate to impose the penalty.           
          See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).                   
               Respondent determined that petitioner is liable for the                
          accuracy-related penalty for a substantial understatement of                
          income tax under section 6662(b)(2).  There is a substantial                
          understatement of income tax if the amount of the understatement            
          exceeds the greater of either 10 percent of the tax required to             
          be shown on the return, or $5,000.  Sec. 6662(d)(1)(A).                     
               Respondent has met his burden of production with respect to            
          the accuracy-related penalty.  Petitioner reported taxable income           
          of $42,300 and Federal income tax of $6,794.  Respondent                    
          determined petitioner’s taxable income was $98,231 and that                 
          petitioner had an income tax deficiency of $20,511.  After                  
          considering respondent’s concessions, we are satisfied that                 
          petitioner substantially understated the income tax required to             
          be shown on her return for the year at issue.                               






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