Camille D. Sands, et al. - Page 21

                                         21                                           
          of tax shown on the taxpayer's return is less than the amount               
          required to be shown on the return.  Sec. 6661(b)(2)(A).  In the            
          case of individuals, an understatement is substantial if it                 
          exceeds the greater of $5,000 or 10 percent of the tax required             
          to be shown.  Sec. 6661(b)(1)(A).  The amount of the                        
          understatement may be reduced under section 6661(b)(2)(B) for               
          amounts adequately disclosed or supported by substantial                    
          authority.  Respondent's determination of the addition to tax is            
          presumed correct, and petitioner must prove otherwise. Rule                 
          142(a); Hall v. Commissioner, 729 F.2d 632, 635 (9th Cir. 1984),            
          affg. T.C. Memo. 1982-337; Bixby v. Commissioner, supra at 791-             
          792.                                                                        
               Respondent determined that petitioners Heller and Murphy are           
          liable for an accuracy-related penalty for a substantial                    
          understatement of income tax under section 6662 for the entire              
          underpayments for their 1989 taxable year.  Section 6662(a)                 
          imposes a penalty equal to 20 percent of the portion of the                 
          underpayment that is attributable to a substantial understatement           
          of income tax.                                                              
               Petitioners argue that substantial authority supports their            
          respective positions.  Substantial authority exists for the tax             
          treatment of an item only if the weight of the authorities                  
          supporting the treatment is substantial in relation to the weight           
          of the authorities supporting contrary positions.  Accardo v.               
          Commissioner, 942 F.2d 444, 453 (7th. Cir. 1991), affg. 94 T.C.             




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011