Robert Lee McWilliams - Page 16

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                  Accordingly, we conclude that petitioner has failed to carry his burden             
            of proof on this issue, and we hold that petitioner is liable for the addition            
            to tax under section 6651(a)(1).                                                          
            Issue 8. Addition To Tax--Substantial Understatement of Income Tax                        
                  Respondent has determined an addition to tax under section 6661(a) for              
            substantial understatement of income tax for each of the years in issue.                  
                  Section 6661(a) imposes an addition to tax on a substantial                         
            understatement of income tax.  The section provides that if there is a                    
            substantial understatement of income tax, there shall be added to the tax an              
            amount equal to 25 percent of the amount of any underpayment attributable to              
            such understatement.  Sec. 6661(a).  The taxpayer bears the burden of proving             
            that the Commissioner's determination as to the addition to tax under section             
            6661(a) is erroneous.  Rule 142(a).                                                       
                  An understatement is substantial where 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).  An understatement is the difference between the amount                    
            required to be shown on the return and the amount actually shown on the                   
            return.  Sec. 6661(b)(2); Tweeddale v. Commissioner, 92 T.C. 501 (1989); Woods            
            v. Commissioner, 91 T.C. 88 (1988).  The section 6661 addition to tax is not              
            applicable, however, if there was substantial authority for the taxpayer's                
            treatment of the items in issue or if relevant facts relating to the tax                  
            treatment of those items were disclosed on the return.  Sec. 6661(b)(2)(B)(i),            
            (ii).                                                                                     
                  Neither exception applies here.  Accordingly, we hold that petitioner is            
            liable for the addition to tax under section 6661.                                        
                  To reflect the foregoing,                                                           


                                                      Decision will be entered                        
                                          under Rule 155.                                             






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