-63- 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...)Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011