Arun and Asmita Bhatia - Page 12

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          the items in issue or if the relevant facts relating to the tax             
          treatment were adequately disclosed on the return.  Sec.                    
          6661(b)(2)(B)(i) and (ii).                                                  
               "Substantial authority" requires that, when the facts and              
          authorities are analyzed with respect to the petitioners' case,             
          the weight of the authorities that support the petitioners'                 
          position should be substantial when compared with those                     
          supporting the contrary position.  H. Conf. Rept. 97-760 at 575             
          (1982), 1982-2 C.B. 600, 650; see Schirmer v. Commissioner, 89              
          T.C. 277, 283-284 (1987).  A position that is arguable but fairly           
          unlikely to prevail in court would not meet the substantial                 
          authority standard.  Sec. 1.6661-3(a)(2), Income Tax Regs.                  
               Petitioners argue that there was substantial authority for             
          their position, in particular Rev. Rul. 75-144, supra, and,                 
          therefore, the section 6661 addition to tax should not apply.  At           
          the time petitioners filed their return, however, Underwood v.              
          Commissioner, supra, had been decided by the Court of Appeals for           
          the Fifth Circuit, affirming our decision in that case, and we              
          had also decided Gilday v. Commissioner, T.C. Memo. 1982-242.               
          Both of these cases ruled in favor of respondent and clearly                
          indicated the inapplicability of that ruling to situations such             
          as are involved herein.  See supra pp. 9-10.  Thus Rev. Rul. 75-            
          144 can afford no comfort to petitioners in terms of "substantial           
          authority", to say nothing of the fact that as our previous                 






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