John Boreta - Page 4

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          of the potential controversy concerning the item".  Sec. 1.6661-            
          4(b)(3), Income Tax Regs.                                                   
               For purposes of section 6661(b)(2)(B)(ii), merely listing              
          items such as income, expenses, and depreciation on a tax return            
          generally is treated by the courts as not constituting sufficient           
          disclosure of the nature of the potential controversy concerning            
          the item.  Accardo v. Commissioner, 942 F.2d 444, 453 (7th Cir.             
          1991), affg. 94 T.C. 96 (1990); Schirmer v. Commissioner, 89 T.C.           
          277, 286 (1987).                                                            
               Respondent, in Rev. Proc. 89-11, 1989-1 C.B. 797, provides a           
          safe harbor exception under which the listing of certain types of           
          items on an income tax return will be deemed adequate disclosure            
          for purposes of section 6661.  Business interest expense,                   
          however, does not qualify as one of the items under the safe                
          harbor exception.                                                           
               Under the adequate disclosure standard of section 6661,                
          greater disclosure is required than the disclosure required under           
          section 6501(e)(1)(A).  Staff of Joint Comm. on Taxation, General           
          Explanation of the Revenue Provisions of the Tax Equity and                 
          Fiscal Responsibility Act of 1982, at 218 (J. Comm. Print 1982).            
          The disclosure standard under section 6501(e)(1)(A) has been held           
          to require only an adequate “clue” to enable respondent to                  
          identify and investigate the item.  University Country Club, Inc.           
          v. Commissioner, 64 T.C. 460, 469-470 (1975) (citing Colony, Inc.           
          v. Commissioner, 357 U.S. 28, 36 (1958)).                                   




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