Raymond Strong - Page 32

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          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               Sec. 6661 was repealed by sec. 7721(c)(2) of OBRA 89, Pub.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).              



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