Philip T. and Mary Ellen Chaplin - Page 25

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               Section 6662(a) imposes a penalty of 20 percent of the                 
          portion of the underpayment to which section 6662 applies.  As              
          relevant to this case, the penalty applies to any portion of the            
          underpayment that is attributable to a substantial understatement           
          of income tax.  Sec. 6662(b)(2).  There is a “substantial                   
          understatement of income tax” if the amount of the understatement           
          exceeds the greater of 10 percent of the tax required to be shown           
          on the return or $5,000.  Sec. 6662(d)(1)(A).                               
               The Commissioner bears the burden of production with respect           
          to penalties.  Sec. 7491(c); Higbee v. Commissioner, 116 T.C.               
          438, 446-447 (2001).  Once the burden of production is met, the             
          taxpayer must come forward with evidence sufficient to show that            
          the penalty does not apply.  Higbee v. Commissioner, supra at               
          447.                                                                        
               According to our determination above, the tax required to be           
          shown on petitioners’ tax return was $47,512.  Ten percent of               
          that amount is less than $5,000.  Thus, petitioners’                        
          understatement is substantial if it exceeds $5,000.  Petitioners            
          reported an income tax liability of $23,216, resulting in an                
          understatement of $24,296.  Respondent has satisfied his burden             
          of production by showing that petitioners’ understatement of tax            
          was substantial.                                                            
               For purposes of determining the accuracy-related penalty,              
          the amount of the understatement is reduced by the portion of the           






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