Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 63

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          the position taken is adequately disclosed,24 the position is not           
          "frivolous", and the taxpayer has adequate books and records and            
          has substantiated items properly.  Sec. 1.6662-3(c), Income Tax             
          Regs.  A "frivolous" position with respect to an item is one that           
          is "patently improper".  Sec. 1.6662-3(b)(3), Income Tax Regs.              
               Respondent's regulations provide two types of disclosure               
          under section 6662(b)(1):  Disclosure in statements attached to             
          the return, sec. 1.6662-4(f)(1), Income Tax Regs., and disclosure           
          on the return, sec. 1.6662-4(f)(2), Income Tax Regs.  Petitioner            
          did not attach a statement to its return; therefore, we look to             
          the disclosure on the return to decide whether disclosure was               
          adequate.                                                                   
               The Commissioner may by annual revenue procedure (or                   
          otherwise) prescribe the circumstances under which disclosure of            
          information on a return in accordance with applicable forms and             
          instructions is adequate.25  Sec. 1.6662-4(f)(2), Income Tax                

               24   The Omnibus Budget Reconciliation Act of 1993 (the                
          Act), Pub. L. 103-66, sec. 13251, 107 Stat. 531, made certain               
          changes to the accuracy-related penalties in sec. 6662 for tax              
          returns due (without regard to extensions) after Dec. 31, 1993.             
               One of the changes was that the penalty for negligence in              
          sec. 6662(b)(1) may not be avoided by disclosure of a return                
          position.  H. Conf. Rept. 103-66, at 668-669 (1993), 1993-3 C.B.            
          393, 546-547.  However, the changes to the penalties for                    
          negligence and disregard of the rules or regulations provided by            
          the Act do not apply to returns (including qualified amended                
          returns) filed on or before Mar. 14, 1994.  Sec. 1.6662-2(d)(2),            
          Income Tax Regs.  Jack, as executor, filed this estate tax return           
          on Feb. 18, 1991; thus, these changes are not applicable.                   
               25   In deciding whether petitioner's disclosure was                   
                                                             (continued...)           




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