Donald A. Robins - Page 13

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          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 the                     




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