TITLE 26 - US CODE - PART II - ACCURACY-RELATED AND FRAUD PENALTIES

26 USC 6662 - Imposition of accuracy-related penalty on underpayments

(a) Imposition of penalty 
If this section applies to any portion of an underpayment of tax required to be shown on a return, there shall be added to the tax an amount equal to 20 percent of the portion of the underpayment to which this section applies.
(b) Portion of underpayment to which section applies 
This section shall apply to the portion of any underpayment which is attributable to 1 or more of the following:
(1) Negligence or disregard of rules or regulations.
(2) Any substantial understatement of income tax.
(3) Any substantial valuation misstatement under chapter 1.
(4) Any substantial overstatement of pension liabilities.
(5) Any substantial estate or gift tax valuation understatement.

This section shall not apply to any portion of an underpayment on which a penalty is imposed under section 6663. Except as provided in paragraph (1) or (2)(B) of section 6662A (e), this section shall not apply to the portion of any underpayment which is attributable to a reportable transaction understatement on which a penalty is imposed under section 6662A.

(c) Negligence 
For purposes of this section, the term negligence includes any failure to make a reasonable attempt to comply with the provisions of this title, and the term disregard includes any careless, reckless, or intentional disregard.
(d) Substantial understatement of income tax 

(1) Substantial understatement 

(A) In general 
For purposes of this section, there is a substantial understatement of income tax for any taxable year if the amount of the understatement for the taxable year exceeds the greater of
(i) 10 percent of the tax required to be shown on the return for the taxable year, or
(ii) $5,000.
(B) Special rule for corporations 
In the case of a corporation other than an S corporation or a personal holding company (as defined in section 542), there is a substantial understatement of income tax for any taxable year if the amount of the understatement for the taxable year exceeds the lesser of
(i) 10 percent of the tax required to be shown on the return for the taxable year (or, if greater, $10,000), or
(ii) $10,000,000.
(2) Understatement 

(A) In general 
For purposes of paragraph (1), the term understatement means the excess of
(i) the amount of the tax required to be shown on the return for the taxable year, over
(ii) the amount of the tax imposed which is shown on the return, reduced by any rebate (within the meaning of section 6211 (b)(2)).

The excess under the preceding sentence shall be determined without regard to items to which section 6662A applies.

(B) Reduction for understatement due to position of taxpayer or disclosed item 
The amount of the understatement under subparagraph (A) shall be reduced by that portion of the understatement which is attributable to
(i) the tax treatment of any item by the taxpayer if there is or was substantial authority for such treatment, or
(ii) any item if
(I) the relevant facts affecting the items tax treatment are adequately disclosed in the return or in a statement attached to the return, and
(II) there is a reasonable basis for the tax treatment of such item by the taxpayer.

For purposes of clause (ii)(II), in no event shall a corporation be treated as having a reasonable basis for its tax treatment of an item attributable to a multiple-party financing transaction if such treatment does not clearly reflect the income of the corporation.

(C) Reduction not to apply to tax shelters 

(i) In general Subparagraph (B) shall not apply to any item attributable to a tax shelter.
(ii) Tax shelter For purposes of clause (i), the term tax shelter means
(I) a partnership or other entity,
(II) any investment plan or arrangement, or
(III) any other plan or arrangement,

if a significant purpose of such partnership, entity, plan, or arrangement is the avoidance or evasion of Federal income tax.

(3) Secretarial list 
The Secretary may prescribe a list of positions which the Secretary believes do not meet 1 or more of the standards specified in paragraph (2)(B)(i), section 6664 (d)(2), and section 6694 (a)(1). Such list (and any revisions thereof) shall be published in the Federal Register or the Internal Revenue Bulletin.
(e) Substantial valuation misstatement under chapter 1 

(1) In general 
For purposes of this section, there is a substantial valuation misstatement under chapter 1 if
(A) the value of any property (or the adjusted basis of any property) claimed on any return of tax imposed by chapter 1 is 150 percent or more of the amount determined to be the correct amount of such valuation or adjusted basis (as the case may be), or
(B) 
(i) the price for any property or services (or for the use of property) claimed on any such return in connection with any transaction between persons described in section 482 is 200 percent or more (or 50 percent or less) of the amount determined under section 482 to be the correct amount of such price, or
(ii) the net section 482 transfer price adjustment for the taxable year exceeds the lesser of $5,000,000 or 10 percent of the taxpayers gross receipts.
(2) Limitation 
No penalty shall be imposed by reason of subsection (b)(3) unless the portion of the underpayment for the taxable year attributable to substantial valuation misstatements under chapter 1 exceeds $5,000 ($10,000 in the case of a corporation other than an S corporation or a personal holding company (as defined in section 542)).
(3) Net section 482 transfer price adjustment 
For purposes of this subsection
(A) In general 
The term net section 482 transfer price adjustment means, with respect to any taxable year, the net increase in taxable income for the taxable year (determined without regard to any amount carried to such taxable year from another taxable year) resulting from adjustments under section 482 in the price for any property or services (or for the use of property).
(B) Certain adjustments excluded in determining threshold 
For purposes of determining whether the threshold requirements of paragraph (1)(B)(ii) are met, the following shall be excluded:
(i) Any portion of the net increase in taxable income referred to in subparagraph (A) which is attributable to any redetermination of a price if
(I) it is established that the taxpayer determined such price in accordance with a specific pricing method set forth in the regulations prescribed under section 482 and that the taxpayers use of such method was reasonable,
(II) the taxpayer has documentation (which was in existence as of the time of filing the return) which sets forth the determination of such price in accordance with such a method and which establishes that the use of such method was reasonable, and
(III) the taxpayer provides such documentation to the Secretary within 30 days of a request for such documentation.
(ii) Any portion of the net increase in taxable income referred to in subparagraph (A) which is attributable to a redetermination of price where such price was not determined in accordance with such a specific pricing method if
(I) the taxpayer establishes that none of such pricing methods was likely to result in a price that would clearly reflect income, the taxpayer used another pricing method to determine such price, and such other pricing method was likely to result in a price that would clearly reflect income,
(II) the taxpayer has documentation (which was in existence as of the time of filing the return) which sets forth the determination of such price in accordance with such other method and which establishes that the requirements of subclause (I) were satisfied, and
(III) the taxpayer provides such documentation to the Secretary within 30 days of request for such documentation.
(iii) Any portion of such net increase which is attributable to any transaction solely between foreign corporations unless, in the case of any such corporations, the treatment of such transaction affects the determination of income from sources within the United States or taxable income effectively connected with the conduct of a trade or business within the United States.
(C) Special rule 
If the regular tax (as defined in section 55 (c)) imposed by chapter 1 on the taxpayer is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of this paragraph.
(D) Coordination with reasonable cause exception 
For purposes of section 6664 (c) the taxpayer shall not be treated as having reasonable cause for any portion of an underpayment attributable to a net section 482 transfer price adjustment unless such taxpayer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B) with respect to such portion.
(f) Substantial overstatement of pension liabilities 

(1) In general 
For purposes of this section, there is a substantial overstatement of pension liabilities if the actuarial determination of the liabilities taken into account for purposes of computing the deduction under paragraph (1) or (2) of section 404 (a) is 200 percent or more of the amount determined to be the correct amount of such liabilities.
(2) Limitation 
No penalty shall be imposed by reason of subsection (b)(4) unless the portion of the underpayment for the taxable year attributable to substantial overstatements of pension liabilities exceeds $1,000.
(g) Substantial estate or gift tax valuation understatement 

(1) In general 
For purposes of this section, there is a substantial estate or gift tax valuation understatement if the value of any property claimed on any return of tax imposed by subtitle B is 65 percent or less of the amount determined to be the correct amount of such valuation.
(2) Limitation 
No penalty shall be imposed by reason of subsection (b)(5) unless the portion of the underpayment attributable to substantial estate or gift tax valuation understatements for the taxable period (or, in the case of the tax imposed by chapter 11, with respect to the estate of the decedent) exceeds $5,000.
(h) Increase in penalty in case of gross valuation misstatements 

(1) In general 
To the extent that a portion of the underpayment to which this section applies is attributable to one or more gross valuation misstatements, subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent.
(2) Gross valuation misstatements 
The term gross valuation misstatements means
(A) any substantial valuation misstatement under chapter 1 as determined under subsection (e) by substituting
(i) in paragraph (1)(A), 200 percent for 150 percent,
(ii) in paragraph (1)(B)(i)
(I) 400 percent for 200 percent, and
(II) 25 percent for 50 percent, and
(iii) in paragraph (1)(B)(ii)
(I) $20,000,000 for $5,000,000, and
(II) 20 percent for 10 percent.
(B) any substantial overstatement of pension liabilities as determined under subsection (f) by substituting 400 percent for 200 percent, and
(C) any substantial estate or gift tax valuation understatement as determined under subsection (g) by substituting 40 percent for 65 percent.

26 USC 6662A - Imposition of accuracy-related penalty on understatements with respect to reportable transactions

(a) Imposition of penalty 
If a taxpayer has a reportable transaction understatement for any taxable year, there shall be added to the tax an amount equal to 20 percent of the amount of such understatement.
(b) Reportable transaction understatement 
For purposes of this section
(1) In general 
The term reportable transaction understatement means the sum of
(A) the product of
(i) the amount of the increase (if any) in taxable income which results from a difference between the proper tax treatment of an item to which this section applies and the taxpayers treatment of such item (as shown on the taxpayers return of tax), and
(ii) the highest rate of tax imposed by section 1 (section 11 in the case of a taxpayer which is a corporation), and
(B) the amount of the decrease (if any) in the aggregate amount of credits determined under subtitle A which results from a difference between the taxpayers treatment of an item to which this section applies (as shown on the taxpayers return of tax) and the proper tax treatment of such item.

For purposes of subparagraph (A), any reduction of the excess of deductions allowed for the taxable year over gross income for such year, and any reduction in the amount of capital losses which would (without regard to section 1211) be allowed for such year, shall be treated as an increase in taxable income.

(2) Items to which section applies 
This section shall apply to any item which is attributable to
(A) any listed transaction, and
(B) any reportable transaction (other than a listed transaction) if a significant purpose of such transaction is the avoidance or evasion of Federal income tax.
(c) Higher penalty for nondisclosed listed and other avoidance transactions 
Subsection (a) shall be applied by substituting 30 percent for 20 percent with respect to the portion of any reportable transaction understatement with respect to which the requirement of section 6664 (d)(2)(A) is not met.
(d) Definitions of reportable and listed transactions 
For purposes of this section, the terms reportable transaction and listed transaction have the respective meanings given to such terms by section 6707A (c).
(e) Special rules 

(1) Coordination with penalties, etc., on other understatements 
In the case of an understatement (as defined in section 6662 (d)(2))
(A) the amount of such understatement (determined without regard to this paragraph) shall be increased by the aggregate amount of reportable transaction understatements for purposes of determining whether such understatement is a substantial understatement under section 6662 (d)(1), and
(B) the addition to tax under section 6662 (a) shall apply only to the excess of the amount of the substantial understatement (if any) after the application of subparagraph (A) over the aggregate amount of reportable transaction understatements.
(2) Coordination with other penalties 

(A) Coordination with fraud penalty 
This section shall not apply to any portion of an understatement on which a penalty is imposed under section 6663.
(B) Coordination with gross valuation misstatement penalty 
This section shall not apply to any portion of an understatement on which a penalty is imposed under section 6662 if the rate of the penalty is determined under section 6662 (h).
(3) Special rule for amended returns 
Except as provided in regulations, in no event shall any tax treatment included with an amendment or supplement to a return of tax be taken into account in determining the amount of any reportable transaction understatement if the amendment or supplement is filed after the earlier of the date the taxpayer is first contacted by the Secretary regarding the examination of the return or such other date as is specified by the Secretary.

26 USC 6663 - Imposition of fraud penalty

(a) Imposition of penalty 
If any part of any underpayment of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud.
(b) Determination of portion attributable to fraud 
If the Secretary establishes that any portion of an underpayment is attributable to fraud, the entire underpayment shall be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer establishes (by a preponderance of the evidence) is not attributable to fraud.
(c) Special rule for joint returns 
In the case of a joint return, this section shall not apply with respect to a spouse unless some part of the underpayment is due to the fraud of such spouse.

26 USC 6664 - Definitions and special rules

(a) Underpayment 
For purposes of this part, the term underpayment means the amount by which any tax imposed by this title exceeds the excess of
(1) the sum of
(A) the amount shown as the tax by the taxpayer on his return, plus
(B) amounts not so shown previously assessed (or collected without assessment), over
(2) the amount of rebates made.

For purposes of paragraph (2), the term rebate means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed was less than the excess of the amount specified in paragraph (1) over the rebates previously made.

(b) Penalties applicable only where return filed 
The penalties provided in this part shall apply only in cases where a return of tax is filed (other than a return prepared by the Secretary under the authority of section 6020 (b)).
(c) Reasonable cause exception for underpayments 

(1) In general 
No penalty shall be imposed under section 6662 or 6663 with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion.
(2) Special rule for certain valuation overstatements 
In the case of any underpayment attributable to a substantial or gross valuation overstatement under chapter 1 with respect to charitable deduction property, paragraph (1) shall not apply. The preceding sentence shall not apply to a substantial valuation overstatement under chapter 1 if
(A) the claimed value of the property was based on a qualified appraisal made by a qualified appraiser, and
(B) in addition to obtaining such appraisal, the taxpayer made a good faith investigation of the value of the contributed property.
(3) Definitions 
For purposes of this subsection
(A) Charitable deduction property 
The term charitable deduction property means any property contributed by the taxpayer in a contribution for which a deduction was claimed under section 170. For purposes of paragraph (2), such term shall not include any securities for which (as of the date of the contribution) market quotations are readily available on an established securities market.
(B) Qualified appraisal 
The term qualified appraisal has the meaning given such term by section 170 (f)(11)(E)(i).
(C) Qualified appraiser 
The term qualified appraiser has the meaning given such term by section 170 (f)(11)(E)(ii).
(d) Reasonable cause exception for reportable transaction understatements 

(1) In general 
No penalty shall be imposed under section 6662A with respect to any portion of a reportable transaction understatement if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion.
(2) Special rules 
Paragraph (1) shall not apply to any reportable transaction understatement unless
(A) the relevant facts affecting the tax treatment of the item are adequately disclosed in accordance with the regulations prescribed under section 6011,
(B) there is or was substantial authority for such treatment, and
(C) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment.

A taxpayer failing to adequately disclose in accordance with section 6011 shall be treated as meeting the requirements of subparagraph (A) if the penalty for such failure was rescinded under section 6707A (d).

(3) Rules relating to reasonable belief 
For purposes of paragraph (2)(C)
(A) In general 
A taxpayer shall be treated as having a reasonable belief with respect to the tax treatment of an item only if such belief
(i) is based on the facts and law that exist at the time the return of tax which includes such tax treatment is filed, and
(ii) relates solely to the taxpayers chances of success on the merits of such treatment and does not take into account the possibility that a return will not be audited, such treatment will not be raised on audit, or such treatment will be resolved through settlement if it is raised.
(B) Certain opinions may not be relied upon 

(i) In general An opinion of a tax advisor may not be relied upon to establish the reasonable belief of a taxpayer if
(I) the tax advisor is described in clause (ii), or
(II) the opinion is described in clause (iii).
(ii) Disqualified tax advisors A tax advisor is described in this clause if the tax advisor
(I) is a material advisor (within the meaning of section 6111 (b)(1)) and participates in the organization, management, promotion, or sale of the transaction or is related (within the meaning of section 267 (b) or 707 (b)(1)) to any person who so participates,
(II) is compensated directly or indirectly by a material advisor with respect to the transaction,
(III) has a fee arrangement with respect to the transaction which is contingent on all or part of the intended tax benefits from the transaction being sustained, or
(IV) as determined under regulations prescribed by the Secretary, has a disqualifying financial interest with respect to the transaction.
(iii) Disqualified opinions For purposes of clause (i), an opinion is disqualified if the opinion
(I) is based on unreasonable factual or legal assumptions (including assumptions as to future events),
(II) unreasonably relies on representations, statements, findings, or agreements of the taxpayer or any other person,
(III) does not identify and consider all relevant facts, or
(IV) fails to meet any other requirement as the Secretary may prescribe.