- 16 -- 16 - We also sustain respondent's determination under section 6661, which provides for an addition to tax where the taxpayer makes a substantial understatement of income tax liability. A "substantial understatement" is described as an understatement that exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6661(b)(1)(A). The evidence establishes that petitioners' tax liability falls within these parameters, and we sustain respondent's determination on this issue.5 Decision will be entered under Rule 155. 5 Petitioners, for the first time in their reply brief, raise a new issue as to whether CCMI in 1983 had sufficient earnings and profits to support the taxability of the $184,630 in constructive distributions from CCMI that we have concluded petitioners received in 1983. This issue is untimely raised by petitioners. It would now be prejudicial to respondent to allow this new issue to be raised, and we treat this issue as waived. See Seligman v. Commissioner, 84 T.C. 191, 198 (1985), affd. on other grounds 796 F.2d 116 (5th Cir. 1986); Graham v. Commissioner, 79 T.C. 415, 423-424 (1982). Nevertheless, we have examined the record and find nothing to support petitioners’ argument as to the lack of earnings and profits. To the contrary, Howard's uncontroverted testimony indicates that the offshore trusts were funded with net profits of CCMI.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
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