- 32 - not include evidence that petitioner provided complete and accurate information to Levine, it is not necessary for us to explore in the instant case whether he could have avoided the negligence addition to tax by providing this information to Levine. See discussions in Metra Chem Corp. v. Commissioner, 88 T.C. at 662; Pritchett v. Commissioner, 63 T.C. at 174. We hold for respondent on this issue. B. Section 6661 Section 6661(a)10 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 substantial if it exceeds the greater of 10 percent of the correct tax or $5,000. Sec. 6661(b)(1)(A). (Our holdings make it clear that petitioner has a substantial understatement for 1987.) If an item is not attributable to a tax shelter, then the understatement shall be reduced on account of the item, and the addition to tax accordingly reduced, if (1) the taxpayer's 10 Sec. 6661 provides, in relevant part, as follows: SEC. 6661. SUBSTANTIAL UNDERSTATEMENT OF LIABILITY. (a) Addition to Tax.--If there is a substantial understatement of income tax for any taxable year, there shall be added to the tax an amount equal to 25 percent of the amount of any underpayment attributable to such understatement. Sec. 6661 was repealed by sec. 7721(c)(2) of OBRA 89, Pub. L. 101-239, 103 Stat. 2106, 2399. The substance of former sec. 6661 now appears as secs. 6662(b)(2), 6662(d), and 6664(c)(1).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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