Richard Santulli and Virginia Santulli - Page 38

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          (i)(II), the taxpayer must reasonably believe at the time the               
          return is filed that the tax treatment claimed is more likely               
          than not the proper tax treatment.  Section 1.6661-5(d), Income             
          Tax Regs., specifies where a taxpayer will be considered                    
          reasonably to believe that the tax treatment of an item is more             
          likely than not the proper tax treatment:  First, if the taxpayer           
          himself analyzes the pertinent facts and authorities and, on the            
          basis thereof, reasonably concludes that there is a greater than            
          50-percent likelihood that the tax treatment of the item will be            
          upheld in litigation with the Internal Revenue Service.  Second,            
          if the taxpayer in good faith relies on the opinion of a                    
          professional tax adviser who makes a similar analysis and                   
          unambiguously states a similar conclusion.                                  
               Petitioners bear the burden of proof.  Rule 142(a).                    
               The record is clear that there are substantial                         
          understatements in tax for both 1982 and 1983 unless the amounts            
          that would otherwise be understatements for such years are                  
          reduced pursuant to section 6661(b)(2)(B).  Petitioners argue               
          that there is substantial authority supporting their position               
          that petitioner was at risk within the meaning of section 465(a)            
          with regard to both installment notes.  Indeed, in Waters v.                
          Commissioner, T.C. Memo. 1991-462, which involved an equipment              
          leasing transaction, we found that the taxpayer had substantial             
          authority for claiming the deductions relating to his                       
          participation in the transaction.  Based on that finding, we                




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