- 7 - attributable to the early withdrawal, and the accuracy-related penalty imposed under section 6662(a). Discussion Except as otherwise provided in section 6015, petitioner bears the burden of proof. See Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Respondent has the burden of production with respect to the accuracy-related penalty, however. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). 1. Accuracy-Related Penalty In the notice of deficiency, respondent determined that petitioner and Ms. Glenn are liable for an accuracy-related penalty pursuant to section 6662(a) with respect to the underpayment attributable to the unreported 10-percent additional tax under section 72(t). Section 6662(a) imposes a 20-percent penalty on the portion of any underpayment attributable to any of various factors, one of which is negligence or disregard of rules or regulations. Sec. 6662(b)(1). “Negligence” includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, including failure to keep adequate books and records or to substantiate items properly. Sec. 6662(c); sec. 1.6662-4(b)(1), Income Tax Regs. As relevant to this case, the penalty also applies to any portion of the underpayment that isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011