Emmett I. and Shirley Sindik - Page 9

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          years at issue was due to negligence.  Accordingly, respondent’s            
          determination is sustained on this issue.                                   
          Substantial Understatement                                                  
               Respondent determined that petitioners are liable for an               
          addition to tax for a substantial understatement of income tax              
          under section 6661 for taxable year 1988.  The amount of the                
          section 6661 addition to tax for additions assessed after October           
          21, 1986, is equal to 25 percent of the amount of any                       
          underpayment attributable to the substantial understatement.                
          Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, sec.             
          8002, 100 Stat. 1951; Pallottini v. Commissioner, 90 T.C. 498,              
          501-503 (1988).                                                             
               A “substantial understatement” occurs when an understatement           
          exceeds the greater of $5,000 or 10 percent of the amount of tax            
          required to be shown on a return.  Sec. 6661(b)(1)(A).  An                  
          “understatement” means the excess of the amount of the tax                  
          required to be shown on a return over the amount of tax imposed             
          which is shown on the return.  Sec. 6661(b)(2)(A).                          
               Section 6661(b)(2)(B) provides for the reduction of an                 
          understatement by that portion of the understatement which is               
          attributable to either: (1) The tax treatment of any item by the            
          taxpayer if there is or was substantial authority for such                  
          treatment; or (2) any item with respect to which the relevant               
          facts affecting the item’s tax treatment are adequately disclosed           
          in the return or in a statement attached to the return.                     




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