Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 25

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          understatement” of income tax exists if the amount of the                   
          understatement for the taxable year exceeds the greater of (1) 10           
          percent of the tax required to be shown on the return or (2)                
          $5,000.  Sec. 6662(d)(1)(A).  However, the amount of an                     
          understatement is reduced by any portion for which (1) there was            
          substantial authority for the taxpayer’s treatment, (2) or the              
          relevant facts affecting the item’s tax treatment were adequately           
          disclosed in the return or in a statement attached to the return            
          and there is a reasonable basis for the tax treatment.  In                  
          addition, no penalty under section 6662 may be imposed with                 
          respect to any portion of an underpayment if it is shown that               
          there was a reasonable cause for the portion and that the                   
          taxpayer acted in good faith with respect to the portion.  Sec.             
          6664(c)(1).                                                                 
               Pursuant to section 7491(c), respondent bears the burden of            
          production with respect to the determined accuracy-related                  
          penalty.  Consequently, respondent must produce sufficient                  
          evidence to demonstrate that the accuracy-related penalty is                
          appropriate.  See Higbee v. Commissioner, 116 T.C. 438, 446                 
          (2001).  Once respondent meets his burden of production,                    
          petitioner must produce sufficient evidence to persuade the Court           
          that respondent’s determination is incorrect.  Id. at 447.                  
               The evidence demonstrates that the Federal income tax                  
          liability for petitioners’ 2000 tax year is $91,763 but that                






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