- 24 - deficiency suits). Consequently, we do not decide whether the discharge in bankruptcy released petitioners from the liability for the section 6651 addition to tax.18 Accuracy-Related Penalty Respondent contends that petitioners’ 2000 Federal income tax return reflected a substantial understatement, that there was no reasonable cause for the understatement, and, consequently, that petitioners are liable for an accuracy-related penalty pursuant to section 6662(a). Section 6662(a) imposes a 20-percent accuracy-related penalty with respect to the portion of any underpayment of tax attributable to a substantial understatement of income tax. An “understatement” is the excess of the amount of tax required to be shown on the return over the amount of tax that is actually shown on the return. Sec. 6662(d)(2)(A). A “substantial 18Petitioners’ amended petition contended, inter alia, that the bankruptcy estate paid the entire tax liability determined by the bankruptcy court, that the bankruptcy court discharged petitioner on Apr. 7, 2004, and, consequently, that respondent is precluded from subsequently asserting any deficiency against petitioners. Petitioners made no further contention at trial or on brief that the bankruptcy court discharged the underlying 2000 tax liability at issue, and the parties have presented no evidence with respect to such a discharge. As discussed above, this Court lacks jurisdiction to decide whether a deficiency was discharged in a prior bankruptcy proceeding. Neilson v. Commissioner, 94 T.C. 1, 9 (1990); Graham v. Commissioner, 75 T.C. 389, 396 (1980). Consequently, we do not decide whether the bankruptcy court discharged the underlying deficiency, addition to tax, or accuracy-related penalty for petitioners’ 2000 tax year.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011