Terry F. and Carol J. Zdun - Page 23

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               After adjustments,5 respondent determined that the amounts             
          of tax required to be shown on the returns are $7,701, $9,994,              
          and $9,473, and that the amounts of the understatements of tax              
          are $6,668, $9,683, and $10,019, for 1992, 1993, and 1994,                  
          respectively.  As each of these amounts exceeds the greater of 10           
          percent of the tax required to be shown on the return or $5,000             
          for the year at issue, respondent applied the penalty at issue.             
          Petitioners assert that there was no understatement, and that if            
          the Court finds there was substantial understatement, the penalty           
          should not apply because reporting all of their income and                  
          deductions on their tax returns is adequate disclosure.                     
               Section 6662(d)(2)(B) provides that the amount of the                  
          understatement shall be reduced by the portion of the                       
          understatement that is attributable to tax treatment of any item            
          if: (1) There is or was substantial authority for such treatment;           
          or (2) if the relevant facts affecting the item's treatment are             
          adequately disclosed in the return or in a statement attached to            
          the return.6                                                                

               5  In addition to disallowing certain deductions, respondent           
          determined that computational adjustments should be made which              
          would preclude petitioners from claiming the earned income credit           
          during the years at issue.                                                  
               6  This subsection was amended by Omnibus Budget                       
          Reconciliation Act of 1993, Pub. L. 103-66, sec. 13251(a), 107              
          Stat. 531, effective with respect to returns the due dates for              
          which (determined without regard to extensions) are after Dec.              
          31, 1993.  The amended subsection provides, in part, that the               
                                                             (continued...)           




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