-47- understatement, for purposes of section 6661, is to be reduced by the portion attributable to any item for which there was substantial authority or any item which was adequately disclosed. Sec. 6661(b)(2)(B). Petitioner, on brief, made scant reference to section 6661. He argues that he believed that he had no tax liability and/or that he relied on his accountant on the section 1031 transaction, which he believed to be adequately disclosed. As to petitioner's first position that he believed that he had no tax liability, we have difficulty reconciling that position with the record. Concerning the possibility of an adequate disclosure, petitioner singles out the section 1031 transaction. Curiously, respondent did not determine an addition to tax under section 6661 for the 1989 taxable year, the one in which the section 1031 transactions were disclosed. Accordingly, we find that, for the taxable years 1985 through 1988, petitioner did not show error regarding respondent's determination that section 6661 is applicable, and we sustain the additions to tax under that section for each such year in which the understatement of tax, as recomputed pursuant to our opinion, exceeds the threshold amount of section 6661(b)(1). To reflect the foregoing and considering concessions of the parties,Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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