- 28 - part 43 T.C. 168 (1964); Neely v. Commissioner, 85 T.C. 934, 947 (1985). There is a substantial understatement of income tax if the amount of the understatement for the taxable year exceeds the greater of 10 percent of the amount required to be shown on the tax return, or $5,000. Sec. 6662(d)(1)(A). The amount of the understatement is reduced, however, if there was substantial authority for the taxpayer's treatment of the item. Sec. 6662(d)(2)(B). In order to satisfy the substantial authority standard, petitioner must show that the weight of authorities supporting her position is substantial in relation to those supporting a contrary position. Antonides v. Commissioner, 91 T.C. 686, 702 (1988), affd. 893 F.2d 656 (4th Cir. 1990); sec. 1.6661- 3(b)(1), Income Tax Regs. Petitioner has the burden of proving that respondent's determination of the accuracy-related penalty is in error. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioner conceded that she is liable for the accuracy-related penalty with respect to those items that she conceded at or before trial and on brief. With respect to those items still in issue, petitioner simply claims that her positions were supported by substantial authorities. However, petitioner provided no evidence to show that she was not negligent, and she pointed to no authorities to support her position and bring her within the exception to the definition of substantial understatement. Accordingly, we sustainPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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