W. Bradford Davis and Tedde M. Rinker - Page 42

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          Commissioner, 116 T.C. 438, 446 (2001).  Once the Commissioner              
          has done so, the burden of proof is upon the taxpayer to                    
          establish reasonable cause and good faith.  Higbee v.                       
          Commissioner, supra at 449.                                                 
               2.  Section 6662(a) Penalty                                            
               Pursuant to section 6662(a), a taxpayer may be liable for a            
          penalty of 20 percent of the portion of an underpayment of tax              
          (1) attributable to a substantial understatement of tax or (2)              
          due to negligence or disregard of rules or regulations.  Sec.               
          6662(b).  The term “understatement” means the excess of the                 
          amount of tax required to be shown on a return over the amount of           
          tax imposed which is shown on the return, reduced by any rebate             
          (within the meaning of section 6211(b)(2)).  Sec. 6662(d)(2)(A).            
          Generally, an understatement is a “substantial understatement”              
          when the understatement exceeds the greater of $5,000 or 10                 
          percent of the amount of tax required to be shown on the return.            
          Sec. 6662(d)(1)(A).  The term “negligence” in section 6662(b)(1)            
          includes any failure to make a reasonable attempt to comply with            
          the Code.  Sec. 6662(c).  Negligence has also been defined as the           
          failure to exercise due care or the failure to do what a                    
          reasonable person would do under the circumstances.  See Allen v.           
          Commissioner, 92 T.C. 1, 12 (1989), affd. 925 F.2d 348, 353 (9th            
          Cir. 1991); Neely v. Commissioner, 85 T.C. 934, 947 (1985).  The            







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