- 15 - credit, or exclusion on a tax return which would seem to a reasonable and prudent person to be “too good to be true”. Sec. 1.6662-3(b)(1)(ii), Income Tax Regs. “Disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). A “substantial valuation misstatement” occurs if the value of any property or adjusted basis of any property claimed on an income tax return is 200 percent or more of the correct amount. Sec. 6662(e)(1)(A); sec. 1.6662-5(e)(1), Income Tax Regs. If the valuation misstatement is 400 percent or more of the correct amount, the misstatement is considered a “gross valuation [misstatement]”, and the 20-percent penalty is increased to 40 percent. Sec. 6662(h). Only one accuracy-related penalty may be applied with respect to any given portion of an underpayment, even if that portion is subject to more than one of the types of misconduct described in section 6662. Sec. 1.6662-2(c), Income Tax Regs. In the notice of deficiency, respondent determined that petitioners are liable for accuracy-related penalties under section 6662(c) for negligence, section 6662(d) for a substantial understatement of income tax, section 6662(e) for a substantial valuation misstatement, and section 6662(h) for a gross valuation misstatement. Section 1.6662-2(c), Income Tax Regs., prevents respondent from stacking these types of misconduct to impose a penalty greater than the maximum penalty of 20 percent on anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011