Robert D. Booth and Janice Booth, et al. - Page 81

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          contributions to the Prime Plan, except for Young & Young which             
          may deduct $11 for 1989.16                                                  
          3.  Penalties                                                               
               Respondent determined that each corporate petitioner was               
          liable for a penalty under section 6662(a) because it                       
          substantially understated its Federal income tax.  See sec.                 
          6662(b)(2).  As relevant herein, section 6662(a) imposes an                 
          accuracy-related penalty equal to 20 percent of an underpayment             
          that is due to a substantial understatement of income tax.  In              
          the case of a corporation, a substantial understatement exists if           
          its income tax was understated by the greater of 10 percent of              
          the tax required to be shown on the return or $10,000.  Sec.                
          6662(d)(1)(A).  For this purpose, tax is not understated to the             
          extent that the treatment of an item is based on substantial                
          authority or is adequately disclosed in the return or in a                  
          statement attached to the return.  Sec. 6662(d)(2)(B).                      
               Substantial authority exists when the weight of authority              
          supporting the treatment of an item is substantial when compared            
          to the weight of authority supporting contrary treatment.  Sec.             
          1.6662-4(d)(3)(i), Income Tax Regs.  To determine whether                   
          substantial authority is present, all authorities which are                 


               16 Respondent determined, and petitioners do not dispute,              
          that Young & Young was a qualified personal service corporation             
          taxable at a single rate of 34 percent.  See sec. 11(b)(2).                 
          Accordingly, Young & Young's $11 deduction reduces its deficiency           
          by $4.                                                                      




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