Edmund T. MacMurray - Page 5




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          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).                                                                 






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