- 75 - by a return position that is merely arguable. Sec. 1.6662- 3(b)(3), Income Tax Regs. Negligence may be indicated when a taxpayer fails to ascertain the correctness of an item on the return that would seem to a reasonable and prudent person to be “too good to be true” under the circumstances. Sec. 1.6662-3(b)(1)(ii), Income Tax Regs. A substantial understatement of income tax is defined as an understatement of income tax that exceeds the greater of 10 percent of the tax required to be shown on the tax return or $5,000. Sec. 6662(d)(1)(A). As already discussed, the Commissioner bears the burden of production in any court proceeding with respect to the penalty, addition to tax, or additional amount imposed by title 26. Sec. 7491(c). The burden imposed on the Commissioner is to come forward with sufficient evidence regarding the appropriateness of applying a particular addition to tax or penalty against the taxpayer. Wheeler v. Commissioner, 127 T.C. 200 (2006); Higbee v. Commissioner, 116 T.C. 438 (2001). Section 7491(c) does not, however, require the Commissioner to introduce evidence of reasonable cause, substantial authority, or similar provisions. Section 6664 provides an exception to the imposition of accuracy-related penalties if the taxpayer shows that there was reasonable cause for the underpayment and that the taxpayer acted in good faith. Sec. 6664(c); United States v. Boyle, 469 U.S. 241 (1985). Whether a taxpayer acted with reasonable cause andPage: Previous 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 NextLast modified: March 27, 2008