Jesse R. Lance - Page 7

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          exercise our jurisdiction only to the extent authorized by                  
          Congress.”  Moore v. Commissioner, supra at 175.  The Court’s               
          deficiency jurisdiction generally is limited to the                         
          redetermination of income, estate, and gift taxes.  See secs.               
          6211, 6213(a).                                                              
               As noted above, the liabilities in issue were incurred with            
          respect to income tax preparer penalties assessed pursuant to               
          section 6694(a) and (b) for petitioner’s 1992 and 1993 tax years.           
          Section 6694(a) and (b) generally provide that an income tax                
          preparer may be subject to a penalty for preparation of a return            
          on which there is an understatement due to an unrealistic                   
          position or due to willful or reckless conduct by the preparer.6            

               6SEC. 6694.  Understatement of Taxpayer’s Liability by                 
          Income Tax Return Preparer.                                                 
               (a) Understatements Due to Unrealistic Positions.--If--                
                    (1) any part of any understatement of liability with              
               respect to any return or claim for refund is due to a                  
               position for which there was not a realistic possibility of            
               being sustained on its merits,                                         
                    (2) any person who is an income tax return preparer               
               with respect to such return or claim knew (or reasonably               
               should have known) of such position, and                               
                    (3) such position was not disclosed as provided in                
               section 6662(d)(2)(B)(ii) or was frivolous,                            
          such person shall pay a penalty of $250 with respect to such                
          return or claim unless it is shown that there is reasonable cause           
          for the understatement and such person acted in good faith.                 
               (b) Willful or Reckless Conduct.--If any part of any                   
                                                             (continued...)           





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