Alber I. and Georgette H. Said - Page 13

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          to fraud.  See sec. 6663(b).  Petitioner consistently made                  
          assertions throughout trial and in his brief that are not worthy            
          of belief.  We have no reason to doubt Pascual’s credibility.  On           
          consideration of the entire record, we conclude that petitioner             
          is liable for the fraud penalty under section 6663(a).                      
          Accuracy-Related Penalty                                                    
               Respondent concedes that Mrs. Said is not liable for the               
          fraud penalty under section 6663.  Alternatively, respondent                
          argues that Mrs. Said is liable for the accuracy-related penalty            
          under section 6662(a) for all 3 years.                                      
               Under section 6662(a), a taxpayer may be liable for a                  
          penalty of 20 percent on the portion of an underpayment of tax              
          attributable to a substantial understatement of tax or due to               
          negligence or disregard of rules or regulations.  Sec. 6662(b).             
          Section 6662 shall not apply, however, to any portion of an                 
          underpayment subject to the fraud penalty under section 6663.               
          Id.                                                                         
               The accuracy-related penalty cannot be imposed on one spouse           
          where the other spouse is liable for fraud.  Under section                  
          6663(c), the fraud penalty is imposed on each spouse separately,            
          even when a joint return is filed, whereas the accuracy-related             
          penalty is imposed jointly and severally.  Where a joint return             
          is filed and one spouse is found liable for the fraud penalty,              
          imposing the accuracy-related penalty on the other spouse would             






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