Reaves Livestock, Inc., et al. - Page 47

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          to income it diverted from Reaves Livestock to the First Citizens           
          accounts.                                                                   
               The time to assess tax owed by Reaves Livestock did not                
          expire for any of the years in issue because Reaves Livestock is            
          liable for fraud in 1984, 1985, 1986, and 1987.  Sec. 6501(c)(1).           
          E.   Addition to Tax for Substantial Understatement                         
               Respondent contends that Mr. and Mrs. Reaves and Reaves                
          Livestock are liable for the addition to tax for substantial                
          understatement of tax for 1984, 1985, 1986, and 1987.                       
               Section 6661(a) imposes an addition to tax of 25 percent of            
          the amount of any underpayment attributable to a substantial                
          understatement of tax.  Pallottini v. Commissioner, 90 T.C. 498             
          (1988).  An understatement is the amount by which the correct tax           
          exceeds the tax reported on the return.  Sec. 6661(b)(2)(A).  An            
          understatement is substantial if it exceeds the greater of 10               
          percent of the correct tax or $5,000 ($10,000 in the case of a              
          corporation).  Sec. 6661(b)(1).  Petitioners bear the burden of             
          proving that the addition to tax under section 6661 does not                
          apply.8  Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 506           
          (1989).                                                                     



               8 Petitioners do not contend that they have substantial                
          authority or that they adequately disclosed the understatement              
          under sec. 6661(b)(2)(B)(i) and (ii).                                       







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