- 14 - to the return". Next, we must decide whether petitioner adequately disclosed her tax position. The statute does not prescribe what constitutes adequate disclosure of relevant facts. Schirmer v. Commissioner, 89 T.C. 277, 285 (1987). This Court has indicated that a taxpayer may satisfy the requirements of adequate disclosure for purposes of section 6662 if he provides sufficient facts on the face of his return that enable the Commissioner to identify the potential controversy involved. Id. at 286. We hold that petitioner has satisfied the adequate disclosure requirement. Petitioner disclosed on her 1989 Federal income tax return the sale of the Paddock Lane property and reported long-term capital gain. She sold the property for $630,000 and reported $58,933 in expenses related to the sale. Consequently, the total amount realized was $571,067. Petitioner reported a basis of $560,868 which, offset against the amount realized, generated a gain of $10,199 on the sale of the Paddock Lane property. Furthermore, petitioner reported she did not intend to utilize the section 1034 basis rollover provision. Petitioner did not disclose any further information about the sale of the Paddock Lane property. It is likely that the large basis of the Paddock Lane property resulting in a small long-term capital gain generated respondent's audit. The information reported was sufficient to apprise respondent of, or to enable respondent toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011