- 16 - given portion of an underpayment (or 40 percent if such portion is attributable to a gross valuation misstatement). Petitioners concede that they were not entitled to claim Schedule F losses of $184,000 for taxable year 1994 and $46,395 for taxable year 1995. After adjustment of petitioners’ income tax returns to account for the disallowance of the Schedule F losses, petitioners’ understatements of income tax for 1994 and 1995 exceeded 10 percent of the tax required to be shown on the return and $5,000. Accordingly, there was a “substantial understatement of income tax” in 1994 and 1995 for purposes of section 6662(d). Because the “anti-stacking rule” of section 1.6662-2(c), Income Tax Regs., limits the accuracy-related penalty under section 6662 to 20 percent, it is not necessary for us to consider whether petitioners were negligent for purposes of section 6662(c). However, since the 20-percent penalty may be increased to 40 percent if the portion of the underpayment is attributable to a gross valuation misstatement, we must consider the applicability of section 6662(h). On their 1994 return, petitioners claimed “depreciation and section 179 expenses” of $165,625 and “Expense for the Cost Basis of Purchased Cattle that Died in 1994" of $51,162. On their 1995 return, petitioners reported $46,395 in “depreciation and section 179 expenses” and a net $3 loss from the sale of cattle based upon a gross sale price of $178,500 lessPage: 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