Sheldon M. Sisson - Page 10

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               Consequently, we conclude that petitioner did not exercise             
          the care of a reasonably prudent tax lawyer and is therefore                
          liable for the addition to tax for negligence.                              
          II. Addition to Tax for Substantial Understatement Under Section            
               6661(a)                                                                
               In the case of a substantial understatement, section 6661(a)           
          provides for an addition to tax in the amount of 25 percent of              
          the amount of any underpayment attributable to such                         
          understatement.1  An "understatement" is the excess of the amount           
          of tax required to be shown on the return over the amount                   
          actually shown on the return.  Sec. 6661(b)(2)(A).  An                      
          understatement is "substantial" (in the case of a noncorporate              
          taxpayer) if the amount of the understatement exceeds the greater           
          of (1) 10 percent of the tax required to be shown on the return,            
          or (2) $5,000.  The amount of the understatement generally is               
          reduced by the portion of the understatement attributable to                
          (1) the tax treatment of an item if there 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.  Sec. 6661(b)(2)(B).                                            
               To prove that substantial authority exists in the case of a            
          tax shelter, section 6661(b)(2)(C)(i)(II) provides that the                 
          taxpayer must establish that he reasonably believed that the                

               1  This rule is applicable to returns due in 1984 where an             
          assessment is made after Oct. 21, 1986.  Pallottini v.                      
          Commissioner, 90 T.C. 498 (1988).                                           


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