- 42 - sufficiently disclosed to his accountant his transactions with Pecaris, and that petitioners reasonably relied on the way in which their accountant treated the transaction on the joint return. The characterization of the Mall transaction and partnership allocation rules present complex legal issues, on which there can be reasonable differences of opinion. See Yelencsics v. Commissioner, 74 T.C. 1513, 1533 (1980); cf. Marcello v. Commissioner, 43 T.C. 168, 182 (1964), affd. and remanded in part 380 F.2d 499 (5th Cir. 1967). Petitioner's beliefs that the credits should not be included in the amount realized by Pecaris or in the computation of its taxable gain and that there was a de facto amendment to the Pecaris partnership agreement that relieved him from the allocation of gain that we hold him accountable for, were not completely untenable. We reject respondent's imposition of the addition to tax for negligence. B. Section 6661 Substantial Understatement Addition Respondent determined that petitioners are liable for the addition to tax for substantial understatement of income tax in 1988. Income tax is substantially understated if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return for the taxable year or $5,000. Sec. 6661(b)(1)(A). Section 6661(a) provides for an addition to tax equal to 25 percent of the amount of anyPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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