Francis N. and Patricia A. Leonard - Page 11

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          in his customary or any comparable substantial gainful activity.”           
          Sec. 1.72-17A(f)(4), Income Tax Regs.                                       
               According to respondent, petitioner was not disabled within            
          the meaning of section 72(m)(7).  We agree.                                 
               Although petitioner suffered from chronic back problems over           
          the years, he continued to work as a heavy equipment operator               
          until 2002.  In fact, after receiving the distribution,                     
          petitioner worked “six days a week, 12 hours a day.”                        
               We find that petitioner’s chronic back problems did not                
          prevent him from returning, and, in fact, petitioner did return,            
          to comparable substantial gainful activity as a heavy equipment             
          operator.  Therefore, we find that petitioner was not disabled              
          within the meaning of section 72(m)(7) at the time of the                   
          distribution.  Accordingly, petitioners are liable for the 10-              
          percent additional tax pursuant to section 72(t).                           
          3.  The Section 6662(a) Penalty                                             
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent of any portion of an underpayment of tax that is                    
          attributable to a substantial understatement of income tax.                 
          Sec. 6662(b)(2), (d).  An understatement of income tax is a                 
          substantial understatement of income tax if it exceeds the                  
          greater of $5,000 or 10 percent of the tax required to be                   
          shown on the taxpayer’s return.  Sec. 6662(d)(1).  Ignoring                 
          conditions not relevant here, for purposes of section 6662, an              






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