- 2 - 1. Held: The ultimate test for determining whether a taxpayer is at risk pursuant to sec. 465(b)(4), I.R.C., is whether there is a realistic possibility of economic loss. Based on the facts presented, P has not established that there was any realistic possibility that he would be subject to economic loss as a result of his long-term notes. 2. Held further, Ps are subject to additions to tax under sec. 6653(a), I.R.C., for negligence. 3. Held further, Ps are subject to additions to tax under sec. 6661, I.R.C., for substantial understatement of income tax liability. 4. Held further, Ps are liable for the increased rate of interest imposed under sec. 6621(c), I.R.C., for substantial underpayments attributable to tax- motivated transactions. Richard S. Kestenbaum and Bernard S. Mark, for petitioners. Theodore R. Leighton, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION HALPERN, Judge: These two cases have been consolidated for trial, briefing, and opinion. Respondent has determined deficiencies in income taxes, additions to tax, and increased interest as follows: Additions to Tax Sec. Sec. Sec. Year Deficiency 6651(a)(1) 6653(a)(1) 6653(a)(2) 1980 $81,541.67 $16,477.20 $5,097.06 --- 1981 35,032.19 5,254.83 4,116.46 50% of interest due on $15,956 1982 246,433.50 --- 12,321.68 50% of interest due on $3,195 1983 411,000.00 --- 21,312.00 50% of interest due on $411,000Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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