- 14 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011