- 10 - 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, anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011