-10- T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); Snyder v. Commissioner, supra. We conclude on the basis of our analysis and on the record before us that the trusts were shams. Accordingly, we will ignore them for Federal income tax purposes.5 We sustain respondent’s determination that petitioners are liable for the deficiencies in Federal income taxes for 1997 and 1998. We now turn to the issue of the accuracy-related penalties. Respondent determined that petitioners are liable for accuracy-related penalties under section 6662(a) and (d) as a result of a substantial understatement of income tax. Respondent has the burden of production with respect to these penalties. Sec. 7491(c). Section 6662(a) imposes an accuracy-related penalty in the amount of 20 percent of the portion of the underpayment attributable to any substantial understatement of income tax. Sec. 6662(b)(2). The understatement is defined as the excess of the amount of tax required to be shown on the return over the amount of tax shown on the return reduced by any rebate. Sec. 6662(d)(2). Under section 6662(d)(1), the understatement is substantial if the amount of the understatement exceeds the greater of (1) 10 percent of the tax required to be shown on the return or (2) $5,000. 5 We also note that the income which was reported by the trusts, and which respondent has treated as unreported income of petitioners, primarily derived from Mr. Nichols’s sweeping business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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