- 28 - Respondent determined an addition to tax of $40,349 under section 6661 for taxable year ended July 31, 1989. Section 6661(a) imposes an addition to tax of 25 percent of the amount of any underpayment attributable to a substantial understatement of tax. An understatement is the difference between the amount required to be shown on the return and the amount actually shown on the return and is substantial if it exceeds the greater of (1) 10 percent of the tax required to be shown on the return for a taxable year, or (2) $10,000. Sec. 6661(b)(1) and (2)(A); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989). The amount of the understatement can be reduced if substantial authority existed for the taxpayer's tax treatment of the item in dispute or if the taxpayer adequately disclosed relevant facts regarding the taxpayer's treatment of the item in the return or in a statement attached to the return. Sec. 6661(b)(2)(B). The taxpayer has the burden of proving it is not liable for the addition to tax. Rule 142(a). Petitioner does not contend that substantial authority existed for its position or that it adequately disclosed the relevant facts. Rather, petitioner maintains that it had reasonable cause for the understatement. Section 6661(c) provides that the Commissioner may waive the addition to tax if the taxpayer proves that reasonable cause existed for the understatement and the taxpayer acted in good faith. The most important factor inPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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