- 20 - to items for which (1) there existed substantial authority for the taxpayer's position, or (2) the taxpayer disclosed relevant facts concerning the items with his tax return. Sec. 6661(b)(2)(B). If, however, the understatement is attributable to a tax shelter, disclosure of the item will not enable the taxpayer to avoid the addition, and the substantial authority test will not apply unless the taxpayer can show that he reasonably believed the treatment causing the understatement was more likely than not proper. Sec. 6661(b)(2)(C)(i). The term "tax shelter" includes an "entity [such as an S corporation] * * * if the principal purpose of such * * * entity * * * is the avoidance or evasion of Federal income tax." Sec. 6661(b)(2)(C)(ii). Section 1.6661- 5(b)(iii), Income Tax Regs., interprets the term "tax shelter" as follows: The principal purpose of an entity * * * is the avoidance or evasion of Federal income tax if that purpose exceeds any other purpose. * * * We do not believe that the principal purpose of Ballard Marine was the avoidance of Federal tax, and we have so found. No doubt Ballard Marine facilitated petitioner’s tax claim of a profit objective by, among other things, providing him with a way to pay for his own use of the yacht. Nevertheless, we are convinced that petitioner had purposes for forming Ballard Marine, such as limiting his liability, whose importance to him exceeded any tax avoidance purpose. Petitioner’s understatementPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011