Michael J. Sullivan and Maureen Sullivan - Page 5

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          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.            






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