- 43 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
Last modified: May 25, 2011