United Circuits, Inc. - Page 7

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          returns and that petitioner's accountant was not qualified to               
          render tax advice.  Petitioner bears the burden of proving that             
          respondent's determination is erroneous.  Rule 142(a); INDOPCO,             
          Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Bixby v.                      
          Commissioner, 58 T.C. 757, 791 (1972).                                      
               Section 6662(a) imposes an accuracy related penalty of                 
          20 percent on any portion of an underpayment of tax that is                 
          attributable to items set forth in section 6662(b).  Section                
          6662(b)(2) specifies as one of those items "Any substantial                 
          understatement of income tax."  An understatement is substantial            
          if it exceeds the greater of 10 percent of the tax required to be           
          shown on the return or $10,000.  Sec. 6662(d)(1)(A) and (B).  In            
          calculating understatements under section 6662(b)(2), items for             
          which there was substantial authority are not to be considered.             
          Sec. 6662(d)(2)(B)(i).  To determine whether the treatment of any           
          portion of an understatement is supported by substantial                    
          authority, the weight of authorities in support of the taxpayer's           
          position must be substantial in relation to the weight of                   
          authorities supporting contrary positions.  Antonides v.                    
          Commissioner, 91 T.C. 686, 700-704 (1988), affd. 893 F.2d 656               
          (4th Cir. 1990); sec. 1.6662-4(d)(3), Income Tax Regs.                      
               Petitioner argues that the weight of authorities supports              
          its position that the equipment was acquired by lease and not               
          acquired in a disguised sale.  Petitioner relies on Revenue                 
          Ruling 55-540, 1955-2 C.B. 39, and Benton v. Commissioner, 197              




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