- 32 - Respondent has authority to waive this addition to tax, if the taxpayer shows there was reasonable cause for the understatement and the taxpayer acted in good faith. Sec. 6661(c). Petitioners bear the burden of proving that imposition of the addition to tax under section 6661 is erroneous. Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 506 (1989). a. The Wises The Wises substantially understated their income tax for 1988. Although distinguishable on its facts, Selfe v. United States, 778 F.2d 769 (11th Cir. 1985), is substantial authority for petitioners' claim to increase their bases because Wise and Eicher guaranteed the HMC loan. However, they have not shown that they (1) had other substantial authority for the other positions taken on their tax return, (2) adequately disclosed their position on the tax return or in a statement attached to the tax return, (3) had reasonable cause for the understatement, or (4) acted in good faith. The Wises have failed to carry their burden of proof. We agree with respondent on this issue except for petitioners' increased basis for the HMC loan. b. Eicher Eicher may reduce the amount of the understatement because of his reliance on Selfe v. United States, supra. To the extent Eicher has otherwise substantially understated his income tax forPage: 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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