- 18 - Petitioner excluded all his income for the years in issue as foreign source income on his returns, claiming that he had no Federal tax liability and that he was entitled to refunds of all taxes withheld during those years. If, for any year in issue, the amount of gross income that petitioner failed to include as required results in an understatement of income tax exceeding $5,000, then petitioner is subject to the accuracy-related penalty for a “substantial understatement” for that year. Sec. 6662(a) and (b)(2). If, however, the resulting understatement of income tax does not exceed $5,000 for any of the years in issue, then petitioner is not liable for the penalty under section 6662(a) unless that understatement is the result of petitioner’s negligence or disregard of rules and regulations. Sec. 6662(a) and (b)(1). Petitioner argues that he was not negligent in preparing his returns for the years in issue. Petitioner testified at trial that he had reviewed several publications on the Internal Revenue Service’s Web site to assist him in preparing his returns. Petitioner’s testimony focused on his prior review of special rates that transportation workers may use to calculate business expense deductions, specifically meal expenses. However, petitioner did not claim any deductions for expenses on his returns for the years in issue. His testimony on this point relates to his position at trial and on brief that he is entitledPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: March 27, 2008