- 11 - account. Moreover, the mailing address on the August 2000 monthly statement was the same as petitioners’ current mailing address. On the one hand, Mr. De Shon testified at trial that he had no knowledge of this account, but, on the other hand, he testified that he had no knowledge of a lot of paperwork in Mrs. De Shon’s possession. Mr. De Shon’s conflicting testimony leads to an inference that petitioners, either jointly or separately, in fact maintained account 879. On the basis of the record, we conclude that petitioners received discharge of indebtedness income from account 879 of $3,617 in 2001. Accordingly, we sustain respondent’s determination on this issue. B. Section 6662(a) Penalty In the notice of deficiency, respondent determined that petitioners are liable under section 6662(a) for an underpayment of tax that is attributable to substantial understatement of income tax. Section 6662(a) imposes a penalty equal to 20 percent of any underpayment of tax that is attributable to substantial understatement of income tax. See sec. 6662(a) and (b)(2). An understatement of income tax is “substantial” if it exceeds the greater of 10 percent of the tax required to be shown on the return, or $5,000. Sec. 6662(d)(1)(A). An “understatement” isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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