- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011