- 6 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011