David and Gail Vigil - Page 19




                                       - 18 -                                         
          filing of a tax return is not excused by the taxpayer’s reliance            
          on an agent, and such reliance is not ‘reasonable cause’ for a              
          late filing under § 6651(a)(1).”  United States v. Boyle, 469               
          U.S. 241, 252 (1985).                                                       
               Respondent’s determination that petitioners are liable for             
          the addition to tax for failing timely to file their 2001 Federal           
          income tax return is sustained.                                             
          D.   Section 6662 Accuracy-Related Penalty                                  
               The final issue for decision is whether petitioners are                
          liable for an accuracy-related penalty under section 6662(a) for            
          2001.  Section 6662(a) imposes a penalty equal to 20 percent of             
          any underpayment of tax that is attributable to negligence or               
          disregard of rules or regulations, or a substantial                         
          understatement of income tax.  See sec. 6662(a) and (b)(1) and              
          (2).                                                                        
               An “understatement” of income tax is defined as the excess             
          of the tax required to be shown on the return over the tax                  
          actually shown on the return.  Sec. 6662(d)(2)(A).  An                      
          understatement is “substantial” if it exceeds the greater of 10             
          percent of the tax required to be shown on the return, or $5,000.           
          Sec. 6662(d)(1)(A).                                                         
               Whether the accuracy-related penalty is applied because of             
          negligence or disregard of rules or regulations, or a substantial           
          understatement of income tax, section 6664 provides a defense if            







Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next 

Last modified: March 27, 2008