-23- There is a substantial understatement of income tax if the amount of the understatement for the taxable year exceeds the greater of (1) 10 percent of the amount required to be shown on the tax return or (2) $5,000. Sec. 6662(d)(1)(A). The amount of the understatement is reduced, however, if there was substantial authority for the taxpayer’s treatment of the item. Sec. 6662(d)(2)(B). In order to satisfy the substantial authority standard, petitioners must show that the weight of authorities supporting their position is substantial in relation to those supporting a contrary position. Antonides v. Commissioner, 91 T.C. 686, 702 (1988), affd. 893 F.2d 656 (4th Cir. 1990). Petitioners have the burden of proving that respondent’s determination of the accuracy-related penalty is in error. Rule 142(a). Petitioners have failed to provide any evidence to show that they were not negligent (indeed the record reveals otherwise), and they have not pointed to any authorities to support their position and bring them within the exception to the definition of substantial understatement. Thus, we sustain respondent’s determination with regard to this issue. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Last modified: May 25, 2011