- 8 - subsequent years to the extent he has capital gains, plus excess losses of up to $3,000. Secs. 172(d)(2), 1211(b); see also Flora v. Commissioner, T.C. Memo. 1965-64. Respondent also determined accuracy-related penalties under section 6662(a) for a substantial understatement of income tax on petitioner’s income tax returns for the years in issue. Under section 7491(c), respondent has the burden of production with regard to penalties and must come forward with sufficient evidence indicating that it is appropriate to impose the penalty. Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Under section 6662(a), a taxpayer may be liable for a penalty of 20 percent on the portion of an underpayment of tax due to any substantial understatement of income tax. Sec. 6662(b)(2). An understatement of income tax is “substantial” if it 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 understatement is reduced to the extent that the taxpayer (1) has substantial authority for the tax treatment of the item or (2) adequately disclosed his position and has a reasonable basis for such position. Sec. 6662(d)(2)(B). In this case, the understatement on petitioner’s returns meets the section 6662(d)(1)(A) definition of “substantial”, so respondent has met that burden of production. Petitioner has not cited any substantial authority to support his argument that hisPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011