L. Ben Smith & Carol Smith - Page 14

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          on Johnston Island for taxable years that began after December              
          31, 1986.  On the record before us, we find that respondent has             
          satisfied respondent’s burden of production under section 7491(c)           
          with respect to the accuracy-related penalty under section                  
          6662(a) and (b)(1) that respondent determined for 2001.                     
               We turn now to petitioners’ position that they are not                 
          liable for 2001 for the accuracy-related penalty under section              
          6662(a).  According to petitioners, they are not liable for that            
          penalty because (1) there was substantial authority for claiming            
          the $99,980 exclusion of 2001 wages in their 2001 joint return,             
          (2) there was adequate disclosure of the relevant facts affecting           
          such tax treatment of those wages, and (3) there was a reasonable           
          basis for such tax treatment.                                               
               We shall address only whether petitioners had a reasonable             
          basis in claiming the $99,980 exclusion of 2001 wages in their              
          2001 joint return.  If the record were to establish that peti-              
          tioners did not have a reasonable basis in claiming that exclu-             
          sion, such return position of petitioners would be attributable             
          to negligence.10  Van Camp & Bennion v. United States, 251 F.3d             
          at 866.                                                                     
               In support of petitioners’ position that they had a reason-            


               10A fortiori, a return position that did not have a reason-            
          able basis is not a position for which there was substantial                
          authority under sec. 6662(d)(2)(B)(i) and the regulations there-            
          under.                                                                      





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