55 the return or in a statement attached to the return. Sec. 6661(b)(2)(B). In these cases, Alondra's understatement for Alondra's fiscal 1987 was not adequately disclosed. We cannot say that there was substantial authority for petitioners' tax treatment of the disputed items, even under the liberal standards just enunciated by the Court of Appeals for the Eleventh Circuit in Osteen v. Commissioner, 62 F.3d 356, 359-360 (11th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1993-519. Osteen can be distinguished from Alondra's case, primarily because the issue here is purely factual. Nor do we have here the all-or-nothing situation that troubled the Court of Appeals for the Eleventh Circuit in Osteen. Section 6661(c) provides that the Secretary may waive all or any part of the addition to tax for substantial understatement on a showing by the taxpayer that there was reasonable cause for the understatement (or part thereof) and that the taxpayer acted in good faith. While the authority to waive the section 6661 addition to tax rests with the Commissioner, not with this Court, we review the denial of a waiver by the Commissioner under the abuse of discretion standard. Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988).27 27Under sec. 6664(c) of current law, OBRA 89 sec. 7721(a), 103 Stat. 2398, effective for returns the due date for which is after Dec. 31, 1989, the Commissioner no longer has this discretion, and no penalty can be imposed for underpayments if it is shown that there was a reasonable cause for them and that the taxpayer acted in good faith, but this is new law, not in effect for the cases before us.Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011