-12- is not entitled to deduct any expenses beyond those originally reported on his returns for the years at issue. V. Accuracy-Related Penalty We turn now to respondent’s determination in the deficiency notice that petitioner is liable for the accuracy-related penalty under section 6662 for each of the years at issue. Respondent has the burden of production under section 7491(c) and must come forward with sufficient evidence that it is appropriate to impose the penalty. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). A taxpayer is liable for an accuracy-related penalty in the amount of 20 percent of any part of an underpayment attributable to, among other things, a substantial understatement of income tax. There is a substantial understatement of income tax under section 6662(b)(2) if the amount of the understatement exceeds the greater of either 10 percent of the tax required to be shown on the return, or $5,000. Sec. 6662(a), (b)(1) and (2), (d)(1)(A); sec. 1.6662-4(a), Income Tax Regs. Respondent has met his burden of production with respect to petitioner’s substantial understatement of income tax for the years at issue.9 The following table demonstrates that petitioner understated his income tax for each year at issue in an amount greater than 9Respondent determined in the alternative that petitioner was liable for the accuracy-related penalty for negligence or disregard of rules or regulations under sec. 6662(b)(1) for the years at issue. Because respondent has proven that petitioner substantially understated his income tax for the years at issue, we need not consider whether petitioner was negligent or disregarded rules or regulations.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011