Stanley and Jean Cohen - Page 11

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          492; Emmons v. Commissioner, 92 T.C. 342, 349 (1989), affd. on              
          other grounds 898 F.2d 50 (5th Cir. 1990); Eyefull Inc. v.                  
          Commissioner, T.C. Memo. 1996-238; Ellwest Stereo Theatres v.               
          Commissioner, T.C. Memo. 1995-610.  Petitioners' failure to                 
          comply with filing deadlines created underpayments for each of              
          the years at issue equal to the amount of tax due.  Since they              
          were unable to show reasonable cause for the delinquencies, it              
          follows that the underpayment for each year was attributable to             
          negligence.4                                                                
          3.   Section 6661                                                           
               Section 6661 imposes an addition to tax equal to 25 percent            
          of the amount of any underpayment attributable to a substantial             
          understatement of tax.  Sec. 6661(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.                         
          6661(b)(1)(A).  The understatement is reduced by any portion                
          attributable to:  (1) The tax treatment of an item for which the            
          taxpayer had substantial authority, or (2) an item with respect             
          to which the relevant facts affecting the item's tax treatment              
          are adequately disclosed in the return or in a statement attached           
          to the return.  Sec. 6661(b)(2)(B).  Respondent is authorized to            

               4Our disposition of the negligence issue obviates the need             
          to consider petitioners' contention that they were not negligent            
          with respect to the substantive errors on their tax returns                 
          because they relied reasonably and in good faith on professional            
          advice.                                                                     




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