David F. Driggers - Page 15

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          taxable year or $5,000.  Secs. 6661(b)(1)(A), 6662(d)(1)(A).  In            
          determining whether there is a substantial understatement of tax            
          liability, the amount of an understatement is reduced by any                
          portion attributable to the tax treatment of an item for which              
          the taxpayer had substantial authority or by any item with                  
          respect to which the relevant facts affecting the taxpayer's                
          treatment are adequately disclosed in the return or in a                    
          statement attached to the return.  Secs. 6661(b)(2)(B),                     
          6662(d)(2)(B).                                                              
               Petitioner bears the burden of proving that respondent's               
          determination of an addition to tax under section 6661 or                   
          accuracy-related penalty under section 6662 is erroneous.  See              
          Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).            
          Petitioner also bears the burden of proving that he had                     
          substantial authority for omitting an item from his return.  See            
          Tippin v. Commissioner, 104 T.C. 518, 535 (1995).  Petitioner has           
          failed to satisfy his burden of proving that respondent's                   
          determination is erroneous.  Accordingly, we sustain respondent's           
          determination that petitioner is liable for the addition to tax             
          prescribed by section 6661 with respect to his 1988 return, and             
          the accuracy-related penalties prescribed by section 6662 with              
          respect to his 1989, 1990, and 1991 returns.                                


                                             Decision will be entered                 






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