George and Bozenna Pohoski - Page 24

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          activity losses with respect to the Hawaiian condominiums (which as         
          a result of our holding above refers only to the Molokai condo).            
          Petitioners did not address this matter on brief, but generally             
          suggested at trial that they had substantial authority for the              
          reporting of their rental activities.                                       
               A substantial understatement means an understatement which             
          exceeds the greater of 10 percent of the tax required to be shown           
          on the return or $5,000.  Sec. 6662(d)(1).  The understatement is           
          reduced by that portion of the understatement for which the                 
          taxpayer had substantial authority.  Sec. 6662(d)(2)(B)(i).                 
               The substantial authority standard requires an objective               
          examination of the law and the application of the law to the                
          relevant facts.  Sec. 1.6662-4(d)(2), Income Tax Regs.  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               
          treatment.  Sec. 1.6662-4(d)(3)(i), Income Tax Regs.  Among the             
          authorities a taxpayer may rely upon are IRS information or press           
          releases, and notices, announcements, and other administrative              
          pronouncements published in the Internal Revenue Bulletin by the            
          IRS.  Sec. 1.6662-4(d)(3)(iii), Income Tax Regs.                            
               Mr. Pohoski testified that he relied upon IRS Publication 925,         
          Passive Activity and At-Risk Rules.  Assuming arguendo that                 
          Publication 925 is authority, Mr. Pohoski testified that he only            





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