William L. McCurley and Victoria J. McCurley, et al. - Page 12

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          Section 6661(b)(2)(B) provides that the understatement determined           
          under section 6661(b)(2)(A) must be reduced by the portion of the           
          understatement for which the taxpayer had "substantial                      
          authority".  A taxpayer has substantial authority where the                 
          weight of the authorities supporting the taxpayer's position is             
          substantial in relation to the weight of authorities supporting             
          contrary positions.  Sec. 1.6661-3(b)(1), Income Tax Regs.                  
               The McCurleys contend that they have not understated their             
          income within the meaning of section 6661, because they had                 
          substantial authority for characterizing the advances as loans.             
          They contend that four cases support treatment of the advances as           
          loans.  See Pierce v. Commissioner, 61 T.C. 424 (1974); White v.            
          Commissioner, 17 T.C. 1562 (1952); Wiese v. Commissioner, 35                
          B.T.A. 701 (1937), affd. 93 F.2d 921 (8th Cir. 1938); Miller v.             
          Commissioner, T.C. Memo. 1980-445.  None of these cases, however,           
          explicitly or implicitly provides that where a taxpayer does not            
          intend to repay an advance he is nevertheless justified in                  
          reporting it as a loan.  As a result, we reject their contention.           
               The McCurleys also contend that the understatement was due             
          to reasonable cause and that, as a result, respondent should have           
          waived the penalty.  See sec. 6661(c).  The standard of our                 
          review is whether the Commissioner's failure to waive the penalty           
          was an abuse of discretion.  Mailman v. Commissioner, 91 T.C.               
          1079 (1988).  The McCurleys knew or should have known that the              
          advances were not bona fide loans.  Therefore, their                        




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