Internal Revenue Code Section 6662:
Imposition of accuracy-related penalty on underpayments
Location in U.S. Code: Title 26F, Chapter 68-A, Part II
				
Sec. 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.
					(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
					and without regard to items with respect to which a penalty
					is imposed by section 6662B.
					
					(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 item's 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.
					
					(D) [[Deleted by PL 108-357, Sec. 819(b)(2)]]
					
					3) Secretarial list.--The Secretary may prescribe a list
					of positions which the Secretary believes do not meet the 1 or
					more of the standards specified in paragraph (2)(B)(i), section
					6664(d)(2), and section 6694(a)(1). Such <<NOTE: Federal
					Register, publication.>> 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
					200 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 taxpayer's 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 taxpayer's 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 50 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) ''400 percent'' for ''200 percent'' each place it
					appears,
					(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 ''25 percent'' for ''50 percent''.