Tolbert S. Wilkinson and Suzanne T. Wilkinson - Page 20

                                         20                                           
          Court indicate that petitioners did not have an actual and honest           
          objective to make a profit by continuing the ranching activity.             
          We hold that petitioners have failed to prove that respondent's             
          determination was in error.                                                 
          C.  Section 6662(a)--Accuracy-Related Penalty                               
               Section 6662(a) and (b)(2) imposes a penalty of 20 percent             
          of any part of the underpayment attributable to a substantial               
          understatement of income tax.  The understatement is substantial            
          if it exceeds the greater of 10 percent of the proper tax or                
          $5,000.  Sec. 6662(d)(1)(A).  The penalty will be reduced for any           
          portion for which there was substantial authority for the                   
          position of the taxpayer, or where the relevant facts affecting             
          the treatment of the item were adequately disclosed on the                  
          return.  Sec. 6662(d)(2)(B).                                                
               The standard for determining whether there is in fact                  
          substantial authority for a position is whether the weight of the           
          authorities supporting that position is substantial in relation             
          to the weight of authorities supporting contrary positions.                 
          Schirmer v. Commissioner, 89 T.C. 277, 283 (1987); sec. 1.6661-3,           
          Income Tax Regs.  On brief, petitioners referred to sections 162            
          and 183, which they assert allow for deductions for ordinary and            
          necessary business expenses.  They also point out that the                  
          Service has never challenged their business intent in prior                 
          years, despite similar positions, and therefore their reliance on           
          the Service's position is warranted.                                        




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011