Gavin Polone - Page 60

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          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.                                  







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