-14- Respondent has the burden of production under section 7491(c) and must come forward with sufficient evidence that it is appropriate to impose the penalties. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). A taxpayer is liable for an accuracy-related penalty of 20 percent of any part of an underpayment attributable to, among other things, a substantial understatement of income tax.11 There is a substantial understatement of income tax under section 6662(b)(2) if the amount of the understatement exceeds the greater of either 10 percent of the tax required to be shown on the return, or $5,000. Sec. 6662(a), (b)(1) and (2), (d)(1)(A); sec. 1.6662-4(a), Income Tax Regs. Respondent has met his burden of production with respect to Mr. and Mrs. Hargrove’s and Mr. and Mrs. Breeding’s substantial understatements of income tax for the relevant years. Mr. and Mrs. Hargrove reported they owed income tax of $4,719 for 2000 and $4,123 for 2001.12 Respondent determined that they owed $16,533 for 2000 and $12,620 for 2001. Mr. and Mrs. Hargrove 11Respondent determined in the alternative that Mr. and Mrs. Hargrove and Mr. and Mrs. Breeding were liable for the accuracy- related penalties for negligence or disregard of rules or regulations under sec. 6662(b)(1) for the relevant years. Because respondent has proven that petitioners substantially understated their income tax for the relevant years, we need not consider whether petitioners were negligent or disregarded rules or regulations. 12None of petitioners’ returns for the relevant years was introduced in evidence. We have used the amounts reflected in the deficiency notice for the amounts petitioners reported on their returns. We note there is a slight discrepancy between the amounts we use and the amounts that petitioners stipulated, but this difference is immaterial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011