- 4 - amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the tax return or $5,000. Sec. 6662(d)(1)(A). Section 7491(c) requires the Commissioner to carry the burden of production because he seeks to impose the penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the burden of production is met, the taxpayer must come forward with sufficient evidence that the penalty does not apply. Id. at 447. Petitioners reported a tax liability of $48,524 on their 2000 tax return. Respondent determined that petitioners' corrected tax liability was $88,043. The difference is fully attributable to petitioners' omission of Mr. Sullivan's wages from CEMAX. Respondent has satisfied his burden by showing that the understatement of tax exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. The amount of an understatement is reduced to the extent it is attributable to a position: (1) For which there is substantial authority, or (2) which the taxpayer adequately disclosed on his return and for which there is a reasonable basis. Sec. 6662(d)(2)(B). Petitioners have not met either of these requirements. The accuracy-related penalty is not imposed, however, with respect to any portion of the understatement if the taxpayer can establish that he acted with reasonable cause and in good faith.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011