Daniel F. Monte - Page 8

                                        - 7 -                                         
          meet this burden, the Commissioner must produce sufficient                  
          evidence indicating that it is appropriate to impose the relevant           
          penalty.  Higbee v. Commissioner, 116 T.C. 438, 446 (2001).                 
          Where an exception to the penalty is afforded upon a showing of             
          reasonable cause, however, the taxpayer bears the burden of                 
          showing such cause.  Id. at 447.  The taxpayer still has the                
          burden of proving that the Commissioner’s determination of the              
          accuracy-related penalty is erroneous.  Rule 142(a); INDOPCO,               
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering,           
          290 U.S. 111, 115 (1933); Higbee v. Commissioner, supra at 446-             
          448.                                                                        
               As relevant herein, section 6662(a) imposes a penalty equal            
          to 20 percent of any underpayment of tax that is attributable to            
          either (1) negligence or disregard of rules or regulations or (2)           
          a substantial understatement of income tax.  See sec. 6662(a) and           
          (b)(1) and (2).                                                             
               The term “negligence” includes any failure to make a                   
          reasonable attempt to comply with the provisions of the internal            
          revenue laws.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax                
          Regs.  The term “disregard” includes any careless, reckless, or             
          intentional disregard.  Sec. 6662(c); sec. 1.6662-3(b)(2), Income           
          Tax Regs.                                                                   
               An understatement of income tax is “substantial” if it                 
          exceeds the greater of 10 percent of the tax required to be shown           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011