- 3 - On audit, respondent disallowed the $813,462 claimed interest expense deduction. Respondent also determined additions to tax under sections 6653(a)(1) for negligence and 6661 for substantial understatement of tax. Petitioner has conceded the disallowance of the $813,462 claimed interest expense deduction and the addition to tax under section 6653(a)(1). Discussion Under section 6661(b)(1)(A), a substantial understatement of tax occurs where the understatement exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on the return. The amount of the addition to tax is equal to 25 percent of any underpayment attributable to the substantial understatement. Sec. 6661(a). The understatement may be eliminated if substantial authority existed for the claimed tax treatment of the item to which the addition to tax relates or if relevant facts regarding the taxpayer’s treatment of the item were adequately disclosed by the taxpayer on the tax return or in a statement attached to the return. Sec. 6661(b)(2)(B); sec. 1.6661-4(a), Income Tax Regs. The adequate disclosure standard will be treated as satisfied where a taxpayer provides information on the tax return "that reasonably may be expected to apprise the Internal Revenue Service of the identity of the item, its amount, and the naturePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011