- 13 - does not constitute a specified possession for purposes of section 931. The Court of Appeals held that section 931 applies to income earned on Johnston Island, noting its agreement with the decision of the Court of Appeals for the Ninth Circuit in Farrell v. United States, 313 F.3d at 1219, and that the wages earned by U.S. citizens on Johnston Island constituted taxable income. In Umbach v. Commissioner, supra, with regard to the taxpayer’s treatment of his Johnston Island wages as nontaxable income, no penalty was asserted by respondent and none was imposed by the Court of Appeals for the Tenth Circuit. Discussion Under section 6662, an accuracy-related penalty is to be added to the portion of an underpayment of tax attributable to negligence, to a disregard of rules or regulations, or to a substantial understatement of income tax. Generally, for purposes of the accuracy-related penalty, negligence includes a failure to make a reasonable attempt to comply with the tax laws. Sec. 6662(c). Negligence is indicated where a taxpayer fails to make a reasonable attempt to ascertain the correctness of the claimed tax treatment of an item, does not have a reasonable basis for such tax treatment, and does not act with reasonable cause and in good faith with respect to such tax treatment. Secs. 1.6662-3(b)(1)(ii), 1.6662-3(b)(3), 1.6664- 4(a), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011