James P. De Ocampo and Marla L. De Ocampo - Page 10

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          petitioners' plight, having legal title to the Montclair property           
          in the names of Mr. De Ocampo's parents could permit the sale of            
          the property to a third party, and perhaps allow petitioners to             
          avoid payment of tax on the gain from the sale of the Curtis                
          property.                                                                   
               To  summarize,  petitioners  did  not  meet  the  purchase             
          requirement of section 1034.  See Marcello v. Commissioner, 380             
          F.2d at 502 n.7. Accordingly, we hold that petitioners are required         
          to recognize gain from the sale of their Curtis property in 1989.           
          Issue 2.  Accuracy-Related Penalty                                          
               Respondent determined an accuracy-related penalty pursuant to          
          section 6662(a) for petitioners' 1989 tax year.  Section 6662               
          imposes a penalty equal to 20 percent of the portion of an                  
          underpayment of tax that is attributable to any substantial                 
          understatement of tax.  Sec. 6662(a) and (b)(2).  An understatement         
          of tax is substantial when it exceeds the greater of 10 percent of          
          the tax required to be shown on the return or $5,000.  Sec.                 
          6662(d)(1)(A).  The amount of an understatement will be reduced if          
          a taxpayer has substantial authority for the way an item was                
          treated, or if the facts that affect the item's tax treatment are           
          adequately disclosed in the return.  Sec. 6662(d)(2)(B).  A                 
          taxpayer has the burden of proving that respondent's determination          
          of an addition to tax is in error.  Luman v. Commissioner, 79 T.C.          
          846, 860-861 (1982).                                                        
               The accuracy-related penalty does not apply to any portion of          




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