- 41 - activity because she believed that "he had more important things to be concerned with". The parties to the two activities missed payments for months on end. For the reasons stated, we are convinced that both activities constitute tax shelters within the meaning of section 6661(b)(2)(C)(ii). Because both activities constitute tax shelters, petitioner cannot rely on substantial authority unless, at the time the 1982 and 1983 returns were filed, he reasonably believed that the tax treatment claimed was more likely than not the proper tax treatment. See sec. 6661(b)(2)(C)(i)(II); sec. 1.6661-5(a), Income Tax Regs. Petitioner testified that, in both activities, he acquired the equipment in question through Proz in order to satisfy his and certain of his advisers' concerns regarding section 465. We have no doubt that petitioner and his advisers considered the tax results to petitioner of both activities. Nevertheless, there is no evidence for us to find that petitioner analyzed the pertinent facts and authorities and, in the manner contemplated in section 1.6661-5(d)(1), Income Tax Regs., reasonably concluded that there was a greater than 50-percent likelihood that the tax treatment of the claimed losses from either the computer equipment activity or the telecommunications activity would be upheld in litigation. Also, there is no such unambiguous opinion from a tax adviser. See sec. 1.6661-5(d)(2), Income Tax Regs. Accordingly, we find that petitioner did not reasonably believe when petitioners filed the returns in questionPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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