- 84 -
1993); Harston v. Commissioner, T.C. Memo. 1990-538, affd.
without published opinion 936 F.2d 570 (5th Cir. 1991).
Substantial authority is an objective standard, less difficult to
satisfy than "more likely than not", but more difficult to
satisfy than "reasonable basis". Antonides v. Commissioner,
supra at 702; secs. 1.6661-3(a)(2) and (b)(1), 1.6662-4(d)(2),
Income Tax Regs. The weight of authorities supporting a
taxpayer's treatment of an item must be substantial in relation
to the weight of the authorities supporting contrary positions,
and an authority is given little weight if it is materially
distinguishable on its facts. Secs. 1.6661-3(b)(1), (3), 1.6662-
4(d)(3)(ii), Income Tax Regs.
A taxpayer's position may be supported by authority even
though there is no decided case or ruling supporting the
position. "Thus, a taxpayer may have substantial authority for a
position that is supported only by a well-reasoned construction
of the applicable statutory provision." Secs. 1.6661-3(b)(3),
1.6662-4(d)(3)(ii), Income Tax Regs.
We believe that Alice Berger had well-reasoned positions
that what we have held to be her share of the Woodbine income was
not taxable to her under the assignment of income doctrine,24 and
24When Alice Berger filed her 1989 return, in October 1990,
the question whether the assignment of income doctrine or sec.
1041 would control the allocation of the income attributable to
Howard Berger's interest in Woodbine had not been addressed in a
published decision. However, the Internal Revenue Service had
taken the position that the assignment of income doctrine could
trump sec. 1041, and indeed apply to transfers of property with
(continued...)
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