- 6 - Section 6662--Penalty Section 6662(a) provides a penalty in an amount equal to 20 percent of the portion of any underpayment attributable to, among other things, “Any substantial understatement of income tax”. Sec. 6662(b)(2). A substantial understatement of income tax exists “if the amount of the understatement for the taxable year exceeds the greater of--(i) 10 percent of the tax required to be shown on the return for the taxable year, or (ii) $5,000.” Sec. 6662(d)(1)(A). For purposes of section 6662(a), an understatement may be reduced if there is “substantial authority” for the position taken, or if the facts were adequately disclosed in the return and there was a “reasonable basis” for the position taken. Sec. 6662(d)(2)(B). Further, no penalty will be imposed if there was a reasonable cause for the understatement and the taxpayer acted in good faith. Sec. 6664(c). There is no substantial authority for the position taken here. The facts concerning the unreported items of income that petitioner conceded, supra note 2, were obviously not disclosed and are not subject to the section 6662(d)(2)(B) exception from the penalty. While petitioner did disclose the fact that there was a casualty loss deduction, we cannot say there was a reasonable ground for the amount of the deduction claimed as a loss. Petitioner made no attempt to ascertain the correct tax treatment of the items composing the casualty loss deduction claimed. A “reasonable” basis or reasonable cause cannot be transmuted from intentionalPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011