- 4 - 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)).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011