- 13 - An understatement is substantial if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6661(b)(1)(A). In general, if a taxpayer had substantial authority for his tax treatment of the item in question, or if the taxpayer adequately disclosed the tax treatment of the item on his return, then the taxpayer may escape liability for the addition to tax with respect to that liability. Sec. 6661(b)(2)(B). However, if the item in question is attributable to a tax shelter, the substantial authority exception will apply only if there was substantial authority for the treatment of the item on the return and the taxpayer reasonably believed that the treatment of the item was more likely than not the proper treatment. Sec. 6661(b)(2)(B) and (C). Petitioner bears the burden to prove that respondent's determination is in error. Rule 142(a). It is clear from the record that a substantial understatement exists for 1985. Petitioner appears to concede that there was no substantial authority for the treatment of the charitable contribution on his 1985 return. Rather, petitioner argues that respondent abused his discretion by failing to waive the addition to tax for a substantial understatement of tax liability. Section 6661(c) provides that the Secretary may waive all or part of the addition to tax under section 6661(a) "on a showing by the taxpayer that there was reasonable cause for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011