Marcus Wayne and Judity Caroline Ramsey - Page 23

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               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.                          








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