- 12 - 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, theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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