Terence M. Bennett - Page 27

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            understatement.  Pallottini v. Commissioner, 90 T.C. 498, 503                               
            (1988).  An understatement is substantial if it exceeds the                                 
            greater of $5,000 or 10 percent of the tax required to be shown                             
            on the return.  Sec. 6661(b)(1)(A).  This amount may be reduced,                            
            however, if the taxpayer shows that there was substantial                                   
            authority for his treatment of an item, or that the relevant                                
            facts affecting the tax treatment of the item are adequately                                
            disclosed on the return or in a separate statement attached to                              
            the return.  Sec. 6661(b)(2)(B).  Substantial authority exists                              
            only if the weight of the authorities supporting the treatment of                           
            an item is substantial in relation to the weight of authorities                             
            supporting contrary positions.  Sec. 1.6661-3(b)(1), Income Tax                             
            Regs.   Petitioner bears the burden of demonstrating that he had                            
            substantial authority for his position.  Rule 142(a); King's                                
            Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 517                              
            (1992).                                                                                     
                  We have already rejected petitioner's explanation for his                             
            failure to report the sale of the automobiles on his 1988 return,                           
            and petitioner has failed to offer any other reason for relieving                           
            him of the section 6661 addition to tax.  Since all of the                                  
            requirements for imposition of the section 6661 addition to tax                             
            have been satisfied, we sustain respondent's determination.                                 


            Decision will be entered                                                                    
            for respondent.                                                                             




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