Highland Farms, Inc. and Subsidiary - Page 30

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          substantial understatement of income tax.  A substantial                    
          understatement in the case of a corporation is an understatement            
          that exceeds the greater of (1) 10 percent of the tax required to           
          be shown on the return, or (2) $10,000.  Sec. 6661(b)(1).  If the           
          taxpayer has substantial authority for the tax treatment of the             
          item in question, or if the taxpayer adequately discloses the tax           
          treatment of the item on the return, then the amount of the                 
          understatement for purposes of this section will be reduced by              
          that portion of the understatement which is attributable to that            
          item.  Sec. 6661(b)(2)(B).                                                  
               Petitioner made no disclosures on its return, so we need               
          only consider whether substantial authority exists for                      
          petitioner's tax treatment of any of the items leading to the               
          understatement.  "There is substantial authority for the tax                
          treatment of an item only if the weight of the authorities                  
          supporting the treatment is substantial in relation to the weight           
          of authorities supporting contrary positions."  Sec. 1.6661-                
          3(b)(1), Income Tax Regs.  The substantial authority standard is            
          less stringent than a "more likely than not" standard, but                  
          stricter than a reasonable basis standard.  Sec. 1.6661-3(a)(2),            
          Income Tax Regs.                                                            
               As was stated above, the test under North Carolina law for             
          determining whether a conveyance with an option to repurchase               
          represents a true sale or merely a loan with a security interest            
          focuses on the intent of the parties.  Redic v. Gary H. Watts               
          Realty Co., 762 F.2d at 1185.  This intention must be established           
          by the facts and circumstances.  Id. at 1186.  Our consideration            



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