- 39 - to be shown for the taxable year or $5,000. Secs. 6661(b)(1)(A), 6662(d)(1)(A). In determining whether there is a substantial understatement of liability, the amount of an understatement is reduced by any portion attributable to the tax treatment of an item for which the taxpayer had substantial authority, and by any item with respect to which the relevant facts affecting the taxpayer's treat- ment are adequately disclosed in the return or in a statement attached to the return. Secs. 6661(b)(2)(B), 6662(d)(2)(B). Petitioners bear the burden of proving that respondent's imposition of an addition to tax under section 6661 or penalty under section 6662 is erroneous. See Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860 (1982). Petitioners also bear the burden of proving that they had substantial authority for omitting an item from their return. See Tippin v. Commissioner, 104 T.C. 518, 535 (1995). We find that petitioners have failed to satisfy their burden of proving that respondent's imposition of the addition to tax under section 6661 and penalty under section 6662 is erroneous in this case. Petitioners offered no authority for their position that the itemsPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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