- 3 - rental, and partnership income and was liable for the section 6651(a)(1) addition to tax for failure to file a return and section 6662(a) accuracy-related penalty. On January 31, 2005, petitioner, while residing in Chillicothe, Ohio, filed his petition with this Court. Discussion Respondent bears, and has met, the burden of production relating to the section 6651(a)(1) addition to tax and has established that petitioner failed to file his return on time. Sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Petitioner failed to establish, pursuant to section 6651(a)(1), that such failure was due to reasonable cause and not willful neglect. Accordingly, we sustain respondent’s determination. Respondent also bears the burden of production relating to the section 6662(a) accuracy-related penalty. Sec. 7491(c); Rule 142(a). Section 6662(a) imposes a penalty equal to 20 percent of the amount of any underpayment attributable to a substantial understatement of income tax. Sec. 6662(b)(2). An understatement is the amount by which the correct tax exceeds the tax reported on the return. Sec. 6662(d). The understatement is substantial if it exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the return. Sec. 6662(d)(1)(A)(i) and (ii). Respondent conceded that petitionerPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011