Alondra Industries, Limited, d.b.a. Accent Insulation Company and Subsidiaries, et al. - Page 55

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          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.                                                    



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