- 4 - or inform Duro-Last of any physical injury or sickness. In short, petitioner’s settlement award was not received on account of physical injury and is therefore includable in his gross income.2 Respondent in his notice of deficiency determined that petitioner was liable for a section 6662(a) accuracy-related penalty. Section 6662(a) imposes a penalty equal to 20 percent of the amount of any underpayment attributable to a substantial understatement of income tax. Sec. 6662(b)(2). An understatement is the amount by which the correct tax exceeds the tax reported on the return. Sec. 6662(d)(2)(a). The understatement is substantial if it exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the return. Sec. 6662(d)(1)(A)(i) and (ii). An understatement is reduced by the portion of the understatement that is attributable to the tax treatment of an item for which there is substantial authority or with respect to which there is adequate disclosure and a reasonable basis. See sec. 6662(d)(2)(B); sec. 1.6662-4(a), (e)(2)(i), Income Tax Regs. Reasonable basis is a “relatively high standard of tax reporting, that is, significantly higher than not frivolous or not patently improper.” Sec. 1.6662-3(b)(3), Income Tax Regs. The reasonable 2 Sec. 7491(a) is inapplicable because petitioner failed to introduce credible evidence within the meaning of sec. 7491(a)(1).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007