General K. Hilliard and Ida M. Hilliard - Page 25

          addition to tax for negligence under section 6653(a) for each of            
          the taxable years in issue.                                                 

          VIII.  Substantial Understatement                                           
               Section 6661(a) imposes an addition to tax equal to 25                 
          percent of the amount attributable to a substantial                         
          understatement.  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).                                         
                 If an item is not attributable to a tax shelter, then any            
          understatement may be reduced by amounts represented by items for           
          which a taxpayer had substantial authority or which were                    
          adequately disclosed in the return or in a statement attached               
          thereto.  Sec. 6661(b)(2)(B)(i) and (ii).                                   
               Although the legal standards for evaluating section 183                
          cases are well-developed, petitioners have not argued or shown              
          that there was substantial authority for their tax treatment of             
          any of the items of income or expense that were adjusted by                 
          respondent or that any of the adjusted items were adequately                
          disclosed on the returns for the period in controversy.                     
          Accordingly, to the extent that petitioners' understatement, for            
          any taxable period under consideration, is substantial within the           
          meaning of section 6661, petitioners are liable for the addition            
          to tax for a substantial understatement under section 6661.                 
               To reflect the foregoing and to reflect concessions and                
          agreements of the parties,                                                  
                                             Decision will be entered under           
                                        Rule 155.                                     


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Last modified: May 25, 2011