Kenneth W. and Fayetta Graves - Page 12

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          including some event in the bankruptcy proceeding.  Petitioners             
          have not shown reasonable cause for their failure to timely file.           
          Respondent has met his burden of production with regard to this             
          addition to tax.  Accordingly, we hold petitioners are liable for           
          the addition to tax under section 6651(a)(1).                               
               Respondent also determined petitioners are subject to a                
          penalty under section 6662(a).  This penalty is imposed on any              
          portion of an underpayment of tax required to be shown on a                 
          return when the underpayment is due to negligence or disregard of           
          rules or regulations, or a substantial understatement of income             
          tax.  See sec. 6662(a) and (b).                                             
               A substantial understatement of tax is defined as an                   
          understatement of tax that exceeds the greater of 10 percent of             
          the tax required to be shown on the tax return or $5,000.  See              
          sec. 6662(d)(1)(A)(i) and (ii).  The understatement may be                  
          reduced by an amount attributable to any item for which there was           
          adequate disclosure and a reasonable basis for which there was              
          substantial authority.  See sec. 6662(d)(2)(B).  Section 6662(c)            
          defines negligence as “any failure to make a reasonable attempt             
          to comply with the provisions of this title”, and disregard means           
          any “careless, reckless, or intentional disregard.”                         
               Respondent relies on the record, which reflects that there             
          was a substantial understatement in this case.  That satisfies              
          respondent’s burden of production as to the substantial                     






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