- 27 - determination of any remaining substantial understatement is primarily a computational matter, which we leave to the parties. Accordingly, the burden rests on petitioner to show mitigating circumstances such as substantial authority, a reasonable basis, or reasonable cause. Petitioner on brief claims to have had substantial authority, a reasonable basis, reasonable cause, and good faith with respect to its reporting of the preneed contract payments. In contrast, petitioner directs no comments to the various conceded adjustments, nor did petitioner introduce any evidence pertaining to these items. Furthermore, although petitioner generally points out that its returns were prepared by a professional tax adviser, again there has been no showing whatsoever regarding what information petitioner supplied on the conceded items. We therefore lack grounds on which to conclude that the incorrect return resulted from the preparer’s errors. Respondent’s determination of the section 6662 penalty is sustained to the extent warranted by computations made in accordance with our holding for petitioner on the preneed accounting issue. To reflect the foregoing, An appropriate order will be issued, and decision will be entered under Rule 155.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Last modified: May 25, 2011