-64- Regs. In Notice 90-20, 1990-1 C.B. 328, the Commissioner provided guidance on which taxpayers may rely with respect to the negligence portions of the accuracy-related penalty imposed under section 6662(b)(1). According to the Notice, if the disclosure was made on the return, the return had to contain the caption "DISCLOSURE MADE UNDER SECTION 6662" at the top of the left corner of the return and the caption had to refer to the page or line number containing the disclosure.26 Id. at 329. Furthermore, the disclosure had to be full and substantive and be clearly identified as being made to avoid imposition of the accuracy-related penalty. Id. In addition to deciding whether petitioner's position on each of the erroneously reported items was adequately disclosed, we must also find that the position was not frivolous, and that petitioner had adequate books and records and substantiated items properly. The Deduction for the $120,000 of Incomplete Gifts We find that petitioner's position with respect to the deduction for $120,000 of incomplete inter vivos gifts was 25(...continued) adequate, we note that the provisions of sec. 1.6662-4(f)(2), Income Tax Regs., which permit disclosure in accordance with annual revenue procedures for purposes of the substantial understatement penalty, do not apply for purposes of the penalty for negligence or disregard of rules or regulations. Sec. 1.6662-3(c)(2), Income Tax Regs. 26 Petitioner's Form 706 did not contain the required caption. However, assuming noncompliance with the notice in this regard is not outcome determinative, we consider the substance of the disclosures.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