- 4 - did not receive $5,619 of rental income. As a result, the amount of tax required to be shown on the return must be based on the amount determined pursuant to the Rule 155 computations. If the amount determined pursuant to such computations meets the requirements of section 6662(d)(1), petitioner will be liable for the substantial understatement penalty. See Carlson v. Commissioner, 116 T.C. 87, 109-110 (2001). Petitioner contends that he should be excused from the section 6662(a) penalty because he relied on his accountant to determine his tax liability. Section 6664(c)(1) provides that no section 6662(a) penalty shall be imposed if there was reasonable cause for the underpayment and the taxpayer acted in good faith. Reliance on the advice of an accountant does not constitute reasonable cause and good faith if the taxpayer fails to review the return before filing it. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). Petitioner did not review his return prior to filing it. Thus, the section 6662(a) penalty is sustained if, after the Rule 155 computations, petitioner’s understatement meets the requirements of section 6662(d)(1). Contentions we have not addressed are irrelevant, moot, or meritless.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011