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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011