David Rendel and Rachel Rendel - Page 16

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                              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.                                                                                                  




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