- 12 - substantial understatement is defined as the greater of 10 percent of the tax required or $5,000. Sec. 6662(d)(1)(A). Petitioners’ understatement does amount to greater than $5,000; however, they qualify for a reduction of the understatement. Sec. 6662(d)(2)(B). Section 6662(d)(2)(B) provides for a reduction of an understatement due to the position of the taxpayer and his disclosure of a disputed item. Generally, under that provision, the amount of the understatement shall be reduced by that portion of the understatement that is attributable, in this case, to an item if the relevant facts affecting the item’s tax treatment are adequately disclosed in the return or in a statement attached to the return, and there is reasonable cause for the tax treatment of such item and good faith on the part of the taxpayer. Sec. 1.6662-3(b)(3), Income Tax Regs. As previously discussed, petitioners consulted with and relied on the advice of a tax preparation service. They attached to their 1999 income tax return an explanation of why they excluded a portion of Mr. Hurley’s wages. The explanation even included the Code section they, albeit mistakenly, relied on to take the exclusion. Mr. Hurley reasonably believed that section 104 provided for an exclusion because of his permanent disability. The Court is satisfied that petitioners acted in good faith and with reasonable cause. Therefore, the amount of the understatement for purposes of determining whether it amountsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011