- 25 - c. Substantial Understatement As an alternative to the addition to tax under section 6659, respondent determined an addition to tax for substantial understatement of income tax under section 6661. Section 6661(a) provides for an addition to tax in the amount of 25 percent of the amount of any underpayment attributable to a substantial understatement of income tax. An understatement is the amount by which the correct tax exceeds the tax reported on the return. Sec. 6661(b)(2)(A). An understatement is substantial if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6661(b)(1)(A). If a taxpayer has substantial authority for the tax treatment of any item on the return, the understatement is reduced by the amount attributable to it. Sec. 6661(b)(2)(B)(i). Similarly, the amount of the understatement is reduced for any item adequately disclosed either on the taxpayer's return or in a statement attached to the return. Sec. 6661(b)(2)(B)(ii). Petitioner argues that it had substantial authority for its position, and that it reasonably relied on its tax advisers for the tax treatment of the covenant not to compete. Petitioner further argues that respondent should have waived the additions to tax under section 6661. Vorsheck v. Commissioner, 933 F.2d 757, 759 (9th Cir. 1991).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011