- 7 - per the notice of deficiency, petitioner’s modified adjusted gross income in 2002 was $49,184. Nevertheless, petitioner claimed the maximum $1,500 Hope Scholarship Credit on his 2002 return. Respondent does not challenge petitioner’s eligibility for the Hope Scholarship Credit. Rather, respondent argues that since petitioner’s modified adjusted gross income exceeds $41,000, the allowable credit must be reduced in accordance with the provisions of section 25A(d). Petitioner produced no evidence or argument to refute this. We find that respondent properly adjusted petitioner’s claimed education credit, allowing petitioner a credit of $273. 3. Section 6662(a) Respondent determined that petitioner is liable for an accuracy-related penalty under section 6662. Section 6662(a) provides an accuracy-related penalty equal to 20 percent of the underpayment required to be shown on a return in certain circumstances. Those circumstances include whether the underpayment, or a portion thereof, is: (1) Due to negligence or disregard of rules or regulations, or (2) attributable to any substantial understatement of income tax. Sec. 6662(b)(1) and (2). For purposes of section 6662, the term “negligence” includes “any failure to make a reasonable attempt to comply with the provisions of * * * [the Code], and the term ‘disregard’ includesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011