- 25 - 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 thatPage: 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