Kenneth W. and Fayetta Graves - Page 15

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          tax shown on the 1996 return was $1,174.  The tax required to be            
          shown on the return was $26,095.  Ten percent of $26,095 is                 
          $2,609.50.  The amount of the understatement of tax on                      
          petitioners’ return is $24,921.  Respondent has therefore                   
          demonstrated that petitioners have substantially understated                
          their income tax for 1996.                                                  
               Further, according to the regulations, negligence includes             
          “any failure by the taxpayer to keep adequate books and records”.           
          Sec. 1.6662-3(b), Income Tax Regs.  In this instance petitioners            
          were negligent by failing to keep adequate books or records and             
          report the income items.  Therefore, on the basis of substantial            
          understatement of income tax and petitioners’ failure to keep               
          adequate records, the accuracy-related penalty applies to the tax           
          on $33,415 of underreported income.                                         
               Petitioners concede that they made a $10,000 computational             
          error on their original return which resulted in an                         
          underreporting of income.  This computational error resulted in a           
          32.88-percent understatement of the income petitioners reported.            
          Petitioners have not provided a reasonable explanation for the              
          resulting portion of the understatement of income tax or shown              
          that they exercised reasonable care in the preparation of their             
          tax return.  See sec. 1.6662-3(b)(1), Income Tax Regs.                      
          Accordingly, petitioners are liable for the accuracy-related                
          penalty with regard to the $10,000 error.                                   






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