- 82 - 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.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
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