Faith J. Larsen - Page 13




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          Revenue Code, and “disregard” means any careless, reckless or               
          intentional disregard.  Sec. 6662(c).  An underpayment is not               
          subject to the penalty for negligence or for disregard of rules             
          and regulations to the extent that the taxpayer shows that the              
          underpayment is due to reasonable cause or good faith.                      
          Neonatology Associates, P.A. v. Commissioner, 115 T.C. 43, 98               
          (2000), affd. 299 F.3d 221 (3d Cir. 2002); see also secs. 1.6662-           
          3(a), 1.6664-4(a), Income Tax Regs.  A substantial understatement           
          of tax is an understatement 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).                                                
               Without including the $160,400 in income, petitioner                   
          reported a tax due of $829, whereas respondent determined a tax             
          due of $65,575 and a Federal income tax deficiency of $64,746.              
          Petitioner understated her income tax for 2001 in an amount                 
          greater than $5,000 or 10 percent of the tax required to be shown           
          on the return.  Respondent has, therefore, met his burden of                
          production with respect to petitioner’s substantial                         
          understatement of income tax.                                               
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for the taxpayer’s position and that the               
          taxpayer acted in good faith with respect to that portion.  Sec.            
          6664(c)(1); sec. 1.6664-4(b), Income Tax Regs.  Accordingly, we             







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