- 8 - Section 6661(a), applicable to petitioners' 1988 tax year, provides for an addition to tax in the amount of 25 percent of the amount of any underpayment attributable to a substantial understatement. The amount of the understatement generally is reduced by the portion of the understatement attributable to (1) the tax treatment of an item if there was substantial authority for such treatment, or (2) any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. Sec. 6661(b)(2)(B). The requirements of adequate disclosure can be satisfied by providing, on the return, information sufficient to enable the Commissioner to identify the potential controversy involved. Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987). Kolyn's 1988 return reported, on Schedule L, increases in Kolyn's long-term liabilities. Petitioners contend that this information adequately disclosed the funds Kolyn received. We conclude that the mere disclosure of an increase in long-term liabilities was insufficient to enable respondent to identify the potential controversy (i.e., whether petitioners failed to report income). Accordingly, petitioners are liable for the section 6661(a) additions to tax. C. Accuracy-Related Penalties Section 6662(a), applicable to petitioners' 1989 through 1991 tax years, imposes an accuracy-related penalty in an amount equal to 20 percent of the portion of any underpayment to whichPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011