Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 17

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          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 understatement is defined as the excess of the             
          amount of the tax required to be shown on the taxpayer’s return             
          over the amount of the tax which is shown on the return.  Sec.              
          6662(d)(2)(A).  In this case, for purpose of section 6662, the              
          difference between the amount of tax required to be shown on the            
          1998 return and the amount of tax shown on the return exceeds the           
          greater of 10 percent of the tax required to be shown on the 1998           
          return or $5,000.  Consequently, respondent has satisfied his               
          burden of production with respect to the accuracy-related penalty           
          based on a substantial understatement.                                      
               However, section 6664(c)(1) provides that the penalty under            
          section 6662(a) shall not apply to any portion of an underpayment           
          if it is shown that there was reasonable cause for the taxpayer’s           
          position and that the taxpayer acted in good faith with respect             
          to that portion.3  The determination of whether a taxpayer acted            
          with reasonable cause and in good faith is made on a case-by-case           


               3  While the Commissioner bears the burden of production               
          under sec. 7491(c), the taxpayer bears the burden of proof with             
          respect to reasonable cause.  Higbee v. Commissioner, 116 T.C.              
          438, 446 (2001).                                                            





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