Mark A. Filer and Julie J. Filer - Page 12

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          personal capacity one-third of the distribution.  Thus,                     
          petitioners, having filed a joint return, must include one-third            
          of the distribution in their gross income.  See secs. 61(a)(9),             
          662(a).  Therefore, such amount, less one-third of the                      
          consideration paid for the contract, is includable in                       
          petitioners’ gross income.                                                  
          B.   Section 6662(a) Substantial Understatement of Income Tax               
               The last issue for decision is whether petitioners are                 
          liable for an accuracy-related penalty pursuant to section                  
          6662(a) for the year in issue.  As previously mentioned, section            
          7491(c) places on the Commissioner the burden of production with            
          respect to a taxpayer’s liability for any penalty.                          
               Section 6662(a) imposes a penalty equal to 20 percent of any           
          underpayment of tax that is due to a substantial understatement             
          of income tax.  See sec. 6662(a) and (b)(2).  An individual                 
          substantially understates his or her income tax when the reported           
          tax is understated by the greater of 10 percent of the tax                  
          required to be shown on the return or $5,000.  Sec.                         
          6662(d)(1)(A).  Tax is not understated to the extent that the               
          treatment of the item is (1) based on substantial authority, or             
          (2) relevant facts are adequately disclosed in the return or in a           
          statement attached to the return, and there is a reasonable basis           
          for the tax treatment of such item by the taxpayer.  Sec.                   
          6662(d)(2)(B).                                                              






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