-10- 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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