- 21 - is not attributable to a tax shelter within the meaning of section 6661(b)(2)(C)(ii). Petitioner does not claim that adequate disclosure for purposes of section 6661 was made on his or Ballard Marine’s return, and, consequently, we do not address that issue. Petitioner does claim that substantial authority supports his position with regard to the losses from Ballard Marine disallowed under section 183 (the section 183 losses). We must decide whether petitioner’s deduction of the section 183 losses is supported by substantial authority. In evaluating whether a taxpayer’s position regarding treatment of a particular item 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. Sec. 1.6661-3(b)(1), Income Tax Regs. An authority that is materially distinguishable on its facts generally will have little or no relevance in determining whether substantial authority supports the tax treatment at issue. Antonides v. Commissioner, 91 T.C. at 702-704; sec. 1.6661-3(b), Income Tax Regs. Petitioner sets forth five cases as substantial authority: Feldman v. Commissioner, T.C. Memo. 1988-126; Slawek v. Commissioner, T.C. Memo. 1987-438; Zwicky v. Commissioner, T.C. Memo. 1984-471; Dickson v. Commissioner, T.C. Memo. 1983-723; McLarney v. Commissioner, T.C. Memo. 1982-461. All of those cases involve a boat chartering activity and our decision thatPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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