Wallace F. and Mi-Ja H. Smith - Page 16




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               Section 6662(d)(2)(B) provides that the amount of the                  
          understatement shall be reduced by that portion of the                      
          understatement that is attributable to the tax treatment of any             
          item by the taxpayer if there is or was substantial authority for           
          the treatment, or any item with respect to which the relevant               
          facts affecting the item's tax treatment are adequately disclosed           
          in the return or in a statement attached to the return, and there           
          is reasonable basis for such treatment.                                     
               The tax that was required to be shown on petitioners' 1997             
          return, based on respondent's adjustments, was $20,453.                     
          Petitioners' return showed a tax of zero.  Despite respondent's             
          lack of explanation, the Court surmises that respondent                     
          determined $4,397 of this difference to have been adequately                
          disclosed, and, therefore, $16,056 was considered the                       
          understatement of tax for purposes of section 6662(d)(2)(A).  In            
          any event, the $16,056 clearly exceeds the greater of $5,000 or             
          10 percent of the tax required to be shown on the return (i.e.,             
          $2,045.30).  It follows that petitioners' understatement of tax             
          was substantial for purposes of section 6662(d)(1)(A).                      
               The determination of whether a taxpayer acted with                     
          reasonable cause and in good faith depends upon the facts and               
          circumstances of each particular case.  Sec. 1.6664-4(b)(1),                
          Income Tax Regs.  Relevant factors include the taxpayer's efforts           
          to assess his or her proper tax liability, the knowledge and                
          experience of the taxpayer, and reliance on the advice of a                 






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