- 6 - made to petitioner in 2000. The documentary evidence establishes that Dynamex paid petitioner $29,490.83 in nonemployee compensation in 2000. Petitioner’s claim that he did not receive this income is without merit. Accordingly, we sustain respondent’s deficiency determination. II. Section 6662 Penalty Pursuant to section 6662(a), a taxpayer may be liable for a penalty of 20 percent on the portion of an underpayment of tax due to negligence or disregard of rules or regulations or a substantial understatement of income tax. Sec. 6662(b). An “understatement” is the difference between the amount of tax required to be shown on the return and the amount of tax actually shown on the return. Sec. 6662(d)(2)(A). A “substantial understatement” exists if the understatement exceeds the greater of (1) 10 percent of the tax required to be shown on the return for a taxable year or (2) $5,000. See sec. 6662(d)(1). Section 7491(c) provides that the Commissioner shall bear the burden of production with respect to the liability of any individual for penalties. The Commissioner, however, does not have the obligation to introduce evidence regarding reasonable cause or substantial authority. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). The evidence establishes that petitioner’s understatement for 2000 exceeds the greater of 10 percent of thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011