Carl Goudas and Marilyn Goudas - Page 43

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          underpayment attributable to such understatement.  Pallottini v.            
          Commissioner, 90 T.C. 498 (1988).  This amount may be reduced if            
          the taxpayer shows that there was substantial authority for his             
          treatment of an item, or that the relevant facts affecting the              
          tax treatment of the item are adequately disclosed on the return            
          or in a separate statement attached to the return.  Sec.                    
          6661(b)(2)(B); secs. 1.6661-3, 1.6661-4, Income Tax Regs.                   
               Petitioners disclosed on Form 8082 that petitioner was                 
          treating the disposition of the Mall in a manner inconsistent               
          with the treatment by Pecaris and his Pecaris partners.  Although           
          petitioners' Form 8082 did not apprise respondent of the exact              
          nature of the controversy, petitioners' disclosure on their                 
          return for respondent flagged their omission from their 1988                
          gross income of $827,968--the amount of respondent's  adjustment.           
          See Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987) (citing           
          S. Rept. 97-494, at 274 (1982)).  We reject respondent's                    
          imposition of the section 6661 substantial understatement                   
          addition.                                                                   
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        for respondent with respect to                
                                        the determined deficiency and                 
                                        for petitioners with respect to               
                                        the additions to tax.                         




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