Julius and Hanan Dibsy - Page 14

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               Even where a taxpayer fails to comply with the methods set             
          forth by the regulations, this Court has indicated that a                   
          taxpayer may also satisfy the requirements of adequate disclosure           
          for purposes of section 6662 if he provides sufficient facts on             
          the face of his return that enable respondent to identify the               
          potential controversy involved.  Schirmer v. Commissioner, supra            
          at 286.  We hold that petitioners have satisfied the adequate               
          disclosure requirement.                                                     
               Petitioners properly completed their 1989 Federal income tax           
          return identifying the property in question, the amount of gain             
          involved, and the facts affecting the tax treatment.                        
          Furthermore, on the face of petitioners' return there are only              
          two items reported: (1) Business income generated by a liquor               
          store as reported on Schedule C, and, (2) a transaction involving           
          the same liquor store which produced zero capital gain as                   
          reported on Schedule D.  It appears likely that the items                   
          reported generated respondent's audit.  The information reported            
          was sufficient to apprise respondent of and enable respondent to            
          identify the potential controversy involved here, that is,                  
          whether petitioners actually engaged in a tax-free exchange.  We            
          hold that petitioners have adequately disclosed the relevant                
          facts relating to the questioned transaction.                               
               We hold that petitioners are not liable for the addition to            
          tax under section 6662(a).                                                  
               To reflect the foregoing,                                              




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