2. Chapter 2 Exhibits
1. Classification of Materials
2. Judicial Authority
3. Five-Step Research Method
4. Research Sources for Legislative Authority
5. Research Sources for Administrative Authority
6. Research Sources for Judicial Authority
7. Commercial Publishers of Comprehensive Services
8. Commercial Publishers of Judicial Decisions
9. Commercial Publishers of Current Developments
Chapter 2, Exhibit Contents A CCH Federal Taxation Basic Principles 2 of 32
3. Chapter 2 Exhibits
10. Organization of the IRS
11. IRS Communications
12. Examination of Returns
13. Appeals Administrative Process
14. Taxpayer Bill of Rights
15. Choice of Tax Forum
16. Penalties
Chapter 2, Exhibit Contents B CCH Federal Taxation Basic Principles 3 of 32
4. Classification of Materials
Primary or “authoritative”
Internal Revenue Code (statutory authority)
Treasury Regulations (administrative authority)
Internal Revenue Service Rulings (administrative authority)
Judicial Authority
Secondary or “reference”
Looseleaf tax reference services
Periodicals
Textbooks
Treatises
Published papers from tax institutes
Symposia
Newsletters
Chapter 2, Exhibit 1 CCH Federal Taxation Basic Principles 4 of 32
5. SOURCES OF INFORMATION
INTERNAL REVENUE CODE
TREASURY REGULATIONS
REVENUE RULINGS AND REVENUE
PROCEDURES
PRIVATE LETTER RULINGS
JUDICIAL SOURCES OF THE TAX LAW
CCH Federal Taxation Basic
6. INTERNAL REVENUE CODE
The code is compiled and published in the United
States Code (U.S.C.) under Title 26.
7. TREASURY REGULATIONS
Section 7805 of the IRC grants authority for the commissioner
of the IRS to prescribe rules and regulations for the
enforcement of the IRC.
The regulations interpret the Code. They are arranged in the
same sequence. Regulations are, however, prefixed by a
number which designates the type of tax or administrative,
procedural or definitional matter to which they relate.
8. REVENUE RULINGS AND REVENUE
PROCEDURES
Revenue Rulings provide interpretation of the tax law.
They do not, however, have the same legal weight as
do the regulations and usually deal with more
restricted problems.
Revenue Procedures deal with internal management
practices and procedures of the IRS.
9. PRIVATE LETTER RULINGS
Letter rulings are issued upon a taxpayer's request and
describe how the IRS will treat a proposed transaction
for tax purposes.
The IRS limits the issuance of individual letter rulings
to restricted, preannounced areas of taxation.
The IRS will not rule in areas when they involve fact
oriented situations.
10. JUDICIAL SOURCES OF THE TAX
LAW
Cases involving Federal tax litigation may be brought in either
the U.S. Tax Court, Federal District Court or Claims Court.
However, in order to petition the Federal District Court or the
Claims Court, the taxpayer must first pay the tax and file a
claim for refund. Such refund would have to be denied by the
IRS and a statutory notice of claim disallowance issued.
11. Judicial Authority
The three courts of original jurisdiction are:
U.S. Tax Court
U.S. District Court
U.S. Court of Federal Claims
Chapter 2, Exhibit 2a CCH Federal Taxation Basic Principles 11 of 32
12. Judicial Authority
The appellate courts are:
U.S. Circuit Courts of Appeals
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court
Chapter 2, Exhibit 2b CCH Federal Taxation Basic Principles 12 of 32
13. Five-Step Research Method
1. Gather the facts and identify the tax issues.
2. Locate and study the primary and secondary
authorities relevant to the enumerated tax issues.
3. Update and evaluate the weight of the various
authorities.
4. Re-examine various facets of the research.
5. Arrive at conclusions; communicate these
conclusions to the client.
Chapter 2, Exhibit 3 CCH Federal Taxation Basic Principles 13 of 32
14. Research Sources for Legislative Authority
Authoritative Research Authorship Binding Persuasive
Documents Source
16th Amendment Constitution Congress √
Internal Revenue CCH, RIA, Congress √
Code and West tax
services
Chapter 2, Exhibit 4a CCH Federal Taxation Basic Principles 14 of 32
15. Research Sources for Legislative Authority
Authoritative Research Source Authorship Binding Persuasive
Documents
Tax Treaties • Tax Treaties (CCH) Congress √
(to render mutual • Worldwide Tax (overrides
assistance between the Code if
U.S. and foreign Treaty Library (Tax more
countries in tax Analysts) recent)
enforcement and to
avoid double
• International Tax
taxation.) Treaties of All
Nations (Oceana
Publications)
Chapter 2, Exhibit 4b CCH Federal Taxation Basic Principles 15 of 32
16. Research Sources for Legislative Authority
Authoritative Research Source Authorship Binding Persuasive
Documents
Committee Reports Cumulative House Ways √
(useful for determining Bulletins [CB] (U.S. and Means (no legal effect;
Congressional intent when only guidance)
Code and Regs. are unclear)
Government.). Committee
Internal Revenue Senate
Bulletin [IRB] if Finance
written within 6 Committee
months Joint
Conference
Committee
Bluebook Bluebook Joint Committee √
(interprets new legislation) (a government-issued, blue- on Taxation (no legal effect;
covered book) only guidance)
Chapter 2, Exhibit 4c CCH Federal Taxation Basic Principles 16 of 32
17. Research Sources for Administrative Authority
Authoritative Documents Research Sources Authorship Binding Persuasive
Final Regulations Federal register U.S. Treasury √
(Treasury Decisions) (U.S. Government.) Department
Tax services
(CCH, RIA and West).
Temporary Regulations Federal Register U.S. Treasury √ √
(U.S. Government) Department (binding (nonbinding if
(issued without Cumulative Bulletin if < 3 over 3 years
opportunity for public (U.S. Government) years old) old)
comment because Tax services
timing is critical) (CCH, RIA, and West).
Proposed Regulations Federal Register U.S. Treasury √
(U.S. Government) Department (nonbinding
Cumulative Bulletin preview of
(U.S. Government) final Regs.)
Tax services
(CCH, RIA, and West).
Chapter 2, Exhibit 5a CCH Federal Taxation Basic Principles 17 of 32
18. Research Sources for Administrative Authority
Authoritative Research Sources Authorship Binding Persuasive
Documents
Revenue Rulings Cumulative Bulletins National office √
(interprets tax laws) (U.S. Government) of IRS (not approved
by the Treasury)
Revenue Procedures Cumulative Bulletins National office √
(addresses internal (U.S. Government) of IRS (not approved
procedures of IRS) by the Treasury)
Letter Rulings (explains IRS Letters Rulings Reports National office √
how IRS will treat a (CCH) of IRS (only precedent
proposed transaction for Private Letter Rulings value is for the
tax purposes; issued to taxpayer
taxpayers) (RIA)
addressed in
Daily Tax Reports (BNA) letter)
Tax Analysts & Advocates,
TAX NOTES
Chapter 2, Exhibit 5b CCH Federal Taxation Basic Principles 18 of 32
19. Research Sources for Administrative Authority
Authoritative Research Sources Authorship Binding Persuasive
Documents
Technical Advice IRS Position Reporter National office √
Memoranda [TAMs] (CCH) of IRS (only precedent
(addresses how IRS will Tax Notes (Tax Analysts) value is for the
treat a completed taxpayer
transaction for tax Internal Memoranda of the
addressed in
purposes; issued to District IRS (RIA) memo)
Office, hence
“memorandum”)
Determination Letters Not published, but available by District Director √
(mainly deal with IRS for public inspection of IRS (only precedent
pension plans and tax- value is for the
exempt organizations) taxpayer
addressed in
letter)
Chapter 2, Exhibit 5c CCH Federal Taxation Basic Principles 19 of 32
20. Research Sources for Judicial Authority
Authority Research Source Binding Persuasive
U.S. Supreme Court USTC (CCH) √
(4 of 9 justices needed to AFTR (RIA) (highest
grant certiorari – often judicial
S.Ct. Series (West)
granted only when there is
conflict among the appellate L.Ed.
body)
courts or where the tax issue (Lawyer’s Co-op)
is extremely important)
U.S. Series
(U.S. Government)
Chapter 2, Exhibit 6a CCH Federal Taxation Basic Principles 20 of 32
21. Research Sources for Judicial Authority
Authority Research Source Binding Persuasive
U.S. Court of Appeal USTC (CCH) √
decisions AFTR (RIA) (binding to
(hears appeals from any of the lower courts
Federal 3d (West) in same
three lower courts; the Federal
Circuit Appellate Court hears all circuit)
appeals from the Court of Federal
Claims)
U.S. Tax Court decisions – CCH services √
regular RIA services (binding to
other tax
(deals with novel issues not U.S. Government courts in same
previously resolved by TC;
Printing Office circuit)
advance payment of tax not
allowed)
Chapter 2, Exhibit 6b CCH Federal Taxation Basic Principles 21 of 32
22. Research Sources for Judicial Authority
Authority Research Source Binding Persuasive
U.S. Tax Court decisions TCM (CCH) √
— T.C. Memo (RIA) (binding to
other tax
Memorandum
courts in same
(deals with factual issues
circuit)
necessitating application of
established principles of tax law;
advance payment of tax not
allowed)
Small Cases Division of Tax Not published No precedent
Court authority
(informal hearing for disputes of
$50,000 or less; appeals process
not available)
Chapter 2, Exhibit 6c CCH Federal Taxation Basic Principles 22 of 32
23. Research Sources for Judicial Authority
Authority Research Source Binding Persuasive
U.S. District Court USTC (CCH) √
(jury trial available for factual AFTR (RIA) (binding to
issues but not for legal issues) courts in same
F. Supp. Series district)
(West)
U.S. Court of Federal USTC (CCH) √
Claims (hears any claims AFTR (RIA) (binding to
against U.S. that is based on same court)
the Constitution, Federal Claims
an Act of Congress, or a Reporter (West)
Regulation of any
executive department)
Chapter 2, Exhibit 6d CCH Federal Taxation Basic Principles 23 of 32
24. Commercial Publishers of Comprehensive Services
Service Description
Standard Federal Comprehensive, self-contained reference service. 25 coordinated and cross-
Tax Reporter referenced loose-leaf volumes that provide comprehensive coverage of the
(“Standard”), CCH income tax law. Compiles legislative, administrative, and judicial aspects of the
income tax law, arranged in Code section order. Also contains weekly
supplements concerning current legislative, administrative, or judicial changes
in tax law.
United States Tax Comprehensive, self-contained reference service. 18 coordinated loose-leaf
Reporter, volumes organized by Code sections and updated weekly. Similar to CCH.
RIA RIA is known for its willingness to take a stand on controversial issues not
covered by legislation or tax law.
Federal Tax Contains several volumes of compilation material organized by topic. The
Service, Code, Regulations, and Committee Reports are contained in separate volumes.
CCH The chapters are prepared by over 250 practitioners.
Chapter 2, Exhibit 7a CCH Federal Taxation Basic Principles 24 of 32
25. Commercial Publishers of Comprehensive Services
Service Description
Federal Tax 26-volume service organized by topic, rather than Code sections. Popular
Coordinator, features include editorial explanations, illustrations, planning ideas, and
RIA warnings of potential tax traps.
Merten’s, Law of Useful complement to traditional reference services. In-depth discussions of
Federal Income general concepts of tax law. Often quoted in judicial decisions. Sometimes
Taxation, difficult reading due to its legalistic style. Also, updating is less frequent than
Thomson West most other services and not as accessible.
Tax Management Useful complement to traditional reference services. Each booklet ranges in
Portfolios, length from 50 to 200 pages and deals exclusively with a special tax topic
BNA covering Code, Regulations, reference to primary authorities, and extensive
editorial discussion, including numerous tax planning ideas. Problems of
inconvenience may develop when there is no one portfolio squarely on point
and the research effort requires reference to many portfolios. Updates are
convenient though not extensive.
Chapter 2, Exhibit 7b CCH Federal Taxation Basic Principles 25 of 32
26. Commercial Publishers of Comprehensive Services
Service Description
CCH ONLINE An electronic research service. Incorporates practitioner-oriented access
methods to successfully located the desired tax information and to retrieve
documents of special interest. Available in many different “libraries” addressing
tax and nontax topics.
LEXIS/NEXIS, An electronic research service. LEXIS accesses federal statutes, regulations,
Reed Elsevier, Inc. IRS rulings, and judicial decisions. NEXIS contains the full text of over 500
publications.
WESTLAW, West An electronic research service. Provides much of the same data as Lexis.
Publishing Co. Available online or CD-ROM.
Chapter 2, Exhibit 7c CCH Federal Taxation Basic Principles 26 of 32
27. Commercial Publishers of Judicial Decisions
Service Description
CCH Citator, CCH Two-volume, loose-leaf reference service. Contains alphabetical
listing of Tax Court (formerly Board of Tax Appeals, “BTA”) and
federal court decisions since 1913. Indicates a paragraph reference
where each case is digested in the Compilation Volumes of the
Standard Federal Tax Reporter. Each listing outlines the judicial
history of a selected case beginning with the highest court to have
ruled on that issue.
Chapter 2, Exhibit 8a CCH Federal Taxation Basic Principles 27 of 32
28. Commercial Publishers of Judicial Decisions
Service Description
Federal Tax Seven-volume citator service organized in a manner consistent with
Citator, CCH Citator. Provides an alphabetical list of court cases followed
RIA by a descriptive legislative history of each case.
U.S. Tax Cases Series of volumes that cover Supreme Court, Courts of Appeals,
(USTC), District Courts, and Court of Federal Claims cases since 1913.
CCH
Chapter 2, Exhibit 8b CCH Federal Taxation Basic Principles 28 of 32
29. Commercial Publishers of Judicial Decisions
Service Description
American Federal Comparable to USTC above.
Tax Reports
(AFTR), RIA
Tax Court Publishes memorandum decisions of the Tax Court.
Memorandum
Decisions (TCM),
CCH
TC Memorandum Similar to TCM above.
Decisions
(TC Memo),
RIA
Chapter 2, Exhibit 8c CCH Federal Taxation Basic Principles 29 of 32
30. Commercial Publishers of Current
Developments
Service Description
Standard Federal Tax Reports, CCH Weekly highlights of latest tax developments
Weekly Alert, Weekly highlights of latest tax developments
RIA
Tax Notes, Weekly digests of new tax decisions.
Tax Analysts
Journal of Taxation Monthly tax journal.
Tax Adviser Monthly tax journal published by the AICPA.
Chapter 2, Exhibit 9 CCH Federal Taxation Basic Principles 30 of 32
31. Organization of the IRS
The four Operating Divisions include:
Wage and Investment Income Division
Small Business and Self-Employed Division
Large Business and International Division
Tax-Exempt Organizations and Governmental Entities
Division
Chapter 2, Exhibit 10a CCH Federal Taxation Basic Principles 31 of 32
32. Organization of the IRS
Other units include:
Criminal Investigation
IRS Appeals Office
National Taxpayer Advocate
Office of Chief Counsel
Office of Professional Responsibility
Whistleblower Office
Communications and Liaison
Office of Privacy, Governmental Liaison and
Disclosure
Chapter 2, Exhibit 10b CCH Federal Taxation Basic Principles 32 of 32
33. IRS Communications
The IRS issues communications to individual
taxpayers and IRS personnel in three primary ways:
Letter rulings
Determination letters
Technical advice memoranda
IRS Publications also address a variety of general
and special topics of concern to taxpayers.
Chapter 2, Exhibit 11 CCH Federal Taxation Basic Principles 33 of 32
34. Examination of Returns
Correspondence Examinations—These involve
relatively simple problems that can generally be
resolved by mail.
District Office Examinations—These are
conducted by a tax auditor either by
correspondence or by interview.
Field Examinations—These are conducted by
revenue agents and involve more complex issues.
Chapter 2, Exhibit 12 CCH Federal Taxation Basic Principles 34 of 32
35. Appeals Administrative Process
If the taxpayer and the agent do not agree, the
taxpayer has several options:
Request a conference in the IRS Appeals Office
File a petition in the Tax Court
Wait for the 90-day period to expire, pay the
assessment, and start a refund suit in the
District Court or the Court of Federal Claims
Chapter 2, Exhibit 13 CCH Federal Taxation Basic Principles 35 of 32
36. Taxpayer Bill of Rights
The Taxpayer Bill of Rights is divided into
four major categories:
Taxpayer rights and IRS obligations
Levy and lien provisions
Proceedings by taxpayers
Authority of the Tax Court
Chapter 2, Exhibit 14 CCH Federal Taxation Basic Principles 36 of 32
37. Choice of Tax Forum
Factors to consider in deciding whether to
litigate a case and where to litigate:
Jurisdiction Publicity
Payment of tax Legal precedent
Jury trial Factual precedent
Rules of evidence Statute of limitations
Expertise of judges Discovery
Chapter 2, Exhibit 15 CCH Federal Taxation Basic Principles 37 of 32
38. Penalties
Delinquency penalties Estate of gift tax valuation
Accuracy-related and understatements
fraud penalties Penalty for aiding
Negligence penalty understatement of tax
Substantial liability
understatement of tax Civil fraud penalty
liability Criminal fraud penalty
Substantial valuation Estimated taxes and
misstatement penalty underpayment penalties
Substantial overstatement Failure to make deposits of
of pension liabilities taxes
Tax preparer penalties
Chapter 2, Exhibit 16 CCH Federal Taxation Basic Principles 38 of 32
Notes de l'éditeur
Tax practice involves the preparation of tax returns and representation of clients before the audit or appellate divisions of the Internal Revenue Service. To become a competent professional, skilled in these three functional areas of tax practice, it is necessary to be proficient in the art of tax research. The tax specialist needs to understand the organizational structure of the IRS and its administrative procedures to provide fully informed tax consulting services to taxpayers involved in disputes with the IRS. Thus, this chapter includes a discussion of the internal organization of the IRS, the functions of the various administrative groups, the rules relating to practice before the IRS, and the procedures for examination of returns, including correspondence examinations, office examinations, and field examinations.
Classification of Materials Tax reference materials are usually classified as primary “authoritative” sources or secondary “reference” sources. Primary source materials include the Internal Revenue Code (Statutory Authority), Treasury Regulations and Internal Revenue Service Rulings (Administrative Authority), and the various decisions of the trial courts and the appellate courts (Judicial Authority). Secondary reference materials consist primarily of the various loose-leaf tax reference services. Additional secondary materials include periodicals, textbooks and treatises, published papers from tax institutes and symposia, newsletters, and, more recently, the various computer-assisted research services.
The authority of the U.S. government to raise revenue through a federal income tax is derived from the Sixteenth Amendment to the Constitution, enacted in 1913. In subsequent years, with the growing complexity of the tax law, the multitude of revenue acts were codified into Title 26 of the United States Code, known as the Internal Revenue Code of 1939. The Code was later revised and rewritten as the Internal Revenue Code of 1954. However, as a result of the sweeping changes made by the Tax Reform Act of 1986, the Code has been renamed the Internal Revenue Code of 1986. The major portion of the Code dealing with federal income tax is located in Chapter 1 of Subtitle A. This extremely important chapter, entitled “Normal Taxes and Surtaxes,” is further divided into subchapters (A-W), and each subchapter is then generally divided into parts and subparts which are then divided into numbered sections. These sections are typically referred to as “Code Sections.”
This is the law and must be followed by all parties, the IRS, the Courts and by taxpayers.
The regulations are interpretations of the Internal Revenue Code by the Commissioner of the Internal Revenue Service. Section 7805(a) of the Internal Revenue Code authorizes the Treasury Department (part of the executive branch of government) to issue rules and regulations and to interpret the Code. Treasury Regulations have the authority of law when dealing with the Internal Revenue Service. Even in court they have significant judicial weight. However, the courts are not bound to follow these administrative interpretations if they are in conflict with the law. Treasury Decisions . Final Regulations are issued as Treasury Decisions (TDs) in the Federal Register. The types of treasury regulations issued are: Final Regulations . Represent binding authority. Temporary Regulations . Represent binding for up to 3 years. Proposed Regulations . Represent non-binding, persuasive authority.
Revenue Rulings take a particular set of facts and apply the Commissioner’s interpretation to them. For example, Revenue Ruling 2007-69 asked whether payments made by the U.S. Department of Veterans Affairs (VA) under the compensated work therapy program are exempt from federal income tax as veterans' benefits. The ruling will go through the facts and the law and render a conclusion. In this ruling it was determined that the amounts were exempt from federal income tax. Most IRS employees have to strictly follow Revenue Rulings and Revenue Procedures.
Federal District Court. Tax and non-tax jurisdiction . District Courts have jurisdiction over questions that involve any point of federal law, including such diverse topics as labor relations, civil rights and criminal offenses. Thus, while they occasionally hear tax cases, they do not specialize in tax matters. Jury trial option . Only in a District Court can the taxpayer request a jury trial, but only for issues of fact, not issues of law. Pay in advance . For a dispute to be heard before the District Court, however, the taxpayer first must pay the tax in dispute and sue the federal government for a refund. U.S. Court of Federal Claims. Tax and non-tax jurisdiction . The U.S. Court of Federal Claims has jurisdiction over any monetary claim brought against the U.S. government. Like the District Courts, the U.S. Court of Federal Claims does not specialize in tax matters. Pay in advance . Another aspect similar to the District Court is that the taxpayer must pay the alleged deficiency and sue the government for a refund.
Essentially, there are two types of tax research situations—“after-the-facts compliance” and “before-the-facts planning.” The “closed fact” case, sometimes referred to as ex post facto research, involves the legal interpretation of historical events. In contrast, the “open-fact” case typically involves events that have not yet been finalized (i.e., controllable facts). However, whether the primary facts of a research engagement is for tax compliance or tax planning, the underlying methods and techniques should be systematic, thorough, properly documented, and effectively communicated to the client.
Operating Divisions Wage and Investment Income Division (W&I) . W&I covers individual taxpayers who only receive wage and/or investment income, which includes approximately 88 million filers. Most of these taxpayers only deal with the IRS when filing their tax returns each year. Compliance matters are limited to such issues as dependency exemption, credits, filing status, and deductions. Small Business and Self-Employed Division (SB&SE) . SB&SE is comprised of fully or partially self-employed individuals and small businesses. It includes corporations and partnerships with assets less than or equal to $5 million. Also, estate and gift taxpayers, fiduciary returns and all individuals who file international returns are examined by this group, which includes approximately 45 million filers. Large Business and International Division (LB&I) . LB&I includes businesses with assets over $10 million or about 210,000 filers. Many complex matters such as tax law interpretation, accounting and regulation issues are common. The largest taxpayers in this group deal with the IRS on an almost continuous basis. Tax-Exempt Organizations and Governmental Entities Division (TE&GE) . TE&GE includes pension plans, exempt organizations and the governmental entities, and is comprised of about 24 million filers.
Criminal Investigation (CI) . CI reports directly to the Service Commissioner and Deputy Commissioner. It operates as a nationwide unit with 35 Special Agent In Charge Offices. CI’s mission is to the serve the public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes. National Taxpayer Advocate (NTA) . The NTA was designed to help taxpayers who have problems with the IRS, and who were not able to get them resolved through the normal administrative process. The new NTA is organized around two major functions: (1) the casework function—to resolve all individual taxpayer problems; and (2) the systemic analysis and the advocacy function—to work with the operating divisions to identify systemic problems, analyze root causes, implement solutions and proactively identify potential problems with new systems and procedures. Office of Professional Responsibility . The Office of Professional Responsibility establishes and enforces consistent standards of competence, integrity, and conduct for tax professionals. Whistleblower Office . The IRS Whistleblower Office processes tips received from individuals who spot tax problems in their workplace, while conducting day-to-day personal business or anywhere else they may be entountered. The Whistleblower Office is responsible for assessing and analyzing the tips and after determining their degree of credibility, the case is assigned to the appropriate IRS office for further investigation.
Delinquency Penalties. There is a penalty for failure to file a return on the due tax and also a penalty for failure to pay the amount of tax due on a tax return. The failure to file penalty is reduced by the 0.5 percent failure to pay penalty for any month in which both apply. Accuracy-Related Penalties. The penalties relating to the accuracy of tax returns have been consolidated into one accuracy-related penalty equal to 20 percent of the portion of the underpayment to which the penalty applies. The penalty applies to the portion of underpayment attributable to one or more of the following areas. Negligence Penalty . A 20 percent penalty is imposed for underpayment of tax due to negligence or intentional disregard of rules or regulations. Substantial Understatement of Tax Liability . If there is a substantial understatement of income tax, an amount equal to 20 percent of the amount of the understatement can be assessed. Substantial Valuation Misstatement Penalty . There are penalties for valuation misstatements of property. Substantial Overstatement of Pension Liabilities . The 20 percent penalty for substantial overstatement of pension liabilities applies only if the actuarial determination of pension liabilities is 200 percent or more of the amount determined to be correct. Estate or Gift Tax Valuation Understatements . A 20 percent penalty is imposed for estate or gift tax valuation understatement if the value of any property claimed on an estate or gift tax return is 65 percent or less of the amount determined to be the correct amount of the valuation. Understatements Resulting from Listed and Reportable Transactions . The penalty is 20 percent of the understatement if the taxpayer disclosed the transaction, and 30 percent if the transaction was not disclosed.