Eric B. Benson, et al. - Page 82

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          Accuracy-Related Penalties                                                  
               With respect to the Bensons,69 respondent determined that to           
          the extent we do not find fraud, we should impose accuracy-                 
          related penalties.70  Additionally, respondent determined                   
          accuracy-related penalties for Eric, Brad, and Mark for 1994.               
          Respondent based his determinations on negligence or disregard of           
          the tax rules and regulations and/or a substantial understatement           
          of income tax.  Respondent’s determinations are presumed correct,           
          and the burden lies with petitioners to demonstrate that                    
          respondent’s penalty determinations were in error.71  Rule                  
          142(a).                                                                     
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment of tax attributable to, inter alia, negligence           
          and/or a substantial understatement of income tax.  Sec. 6662(a)            
          and (b).  “Underpayment” is defined as the amount by which any              
          tax imposed exceeds the excess of the sum of the amount shown by            
          the taxpayer on his return plus the amounts not so shown                    



               69Respondent also determined, as an alternate to the fraud             
          penalty which he conceded shall not apply to Eric, an accuracy-             
          related penalty for Eric’s 1993 tax year.  See docket No. 585-98.           
          However, on brief, respondent explains that the penalty is                  
          affected by our holding on the issue of constructive dividends.             
               70In fact, respondent’s alternative position for 1989, 1990,           
          1993, and 1994 is based upon sec. 6662(a).                                  
               71Sec. 7491(c) does not apply in this case.  See supra note            
          41.                                                                         





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