-31- petitioner did not sell any shares of CTI she obtained through the March 5, 2002, exercise of stock options. See Merlo v. Commissioner, T.C. Memo. 2005-178. While petitioner might have violated CTI’s insider trading policy had she sold her CTI stock to a third party upon receiving it, the possibility of such a violation does not create a substantial risk of forfeiture within the meaning of section 83. See United States v. Tuff, supra at 1255-1256. D. Accuracy-Related Penalty Respondent determined that petitioners are liable for an accuracy-related penalty under section 6662(a) and (b)(2) for a substantial understatement of income tax. In part, section 6662(a) and (b)(2) imposes a 20-percent accuracy-related penalty for any portion of an underpayment that is attributable to a substantial understatement of income tax. An “understatement” is the excess of the amount of tax required to be shown on the return for the taxable year over the amount of tax imposed that is shown on the return, reduced by any rebate. Sec. 6662(d)(2). A substantial understatement of income tax exists for any taxable year for purposes of section 6662 if the amount of the understatement for the taxable year exceeds the greater of 10 percent of the tax required to be shown on the return for the taxable year or, in the case of an individual, $5,000. Sec. 6662(d)(1)(A).Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007