- 7 - 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, 197Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011