- 60 - burden of proving that any amount was spent for medical care for emotional distress. See sec. 104(a) (flush language). Petitioner did not suffer a physical injury as a result of his termination by UTA. Accordingly, the three payments are not excludable pursuant to post-SBJPA section 104. Accordingly, we hold that: (1) Petitioner is not liable for the deficiency determined by respondent for 1996; (2) petitioner is not entitled to an overpayment for 1996; and (3) petitioner is liable for the deficiency determined by respondent for 1997 and 1998. III. Section 6662 Penalty Respondent argues that petitioner is liable for the section 6662 penalty for 1997 and 1998.31 Pursuant to section 6662(a), a taxpayer may be liable for a penalty of 20 percent of the portion of an underpayment of tax due to negligence or disregard of rules or regulations or a substantial understatement of income tax. Sec. 6662(b). An “understatement” is the difference between the amount of tax required to be shown on the return and the amount of tax actually shown on the return. Sec. 6662(d)(2)(A). A “substantial understatement” exists if the understatement exceeds the greater of (1) 10 percent of the tax required to be shown on 31 See supra note 25 regarding 1996.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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