Frank H. and Marla C. Black - Page 39




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          petitioners from avoiding taxation on their interest income by              
          assigning that income to another.  Lucas v. Earl, 281 U.S. 111              
          (1930).                                                                     
               Petitioners failed to present any evidence regarding the $35           
          of dividend income.  Accordingly, we conclude that petitioners              
          failed to report interest and dividend income on their 1992 joint           
          return of $3,748 and $35, respectively.                                     
          3.  Section 6662(a) Penalty                                                 
               Pursuant to section 6662(a), a taxpayer may be liable for a            
          penalty of 20 percent of the portion of an underpayment of tax              
          attributable to a substantial understatement of income tax or               
          due to negligence or disregard of rules or regulations.                     
          Sec. 6662(b).  The term “understatement” means the excess of the            
          amount of tax required to be shown on a return over the amount of           
          tax imposed which is shown on the return, reduced by any rebate             
          (within the meaning of section 6211(b)(2)).  Sec. 6662(d)(2)(A).            
          Generally, an understatement is a “substantial understatement”              
          when the understatement exceeds the greater of $5,000 or 10                 
          percent of the amount of tax required to be shown on the return.            
          Sec. 6662(d)(1)(A).  The term “negligence” in section 6662(b)(1)            
          includes any failure to make a reasonable attempt to comply with            
          the Code.  Sec. 6662(c).                                                    










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