- 25 - 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 thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011