American Valmar International Ltd., Inc., et al. - Page 25

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            understatement of income tax.  Sec. 6662(a) and (b)(2).5  An                                 
            understatement is “substantial” when the understatement for the                              
            taxable year exceeds the greater of (1) 10 percent of the tax                                
            required to be shown or (2) $5,000 ($10,000 in the case of a                                 
            corporation).  Sec. 6662(d)(1)(A) and (B).  The understatement is                            
            reduced to the extent that the taxpayer has (1) adequately                                   
            disclosed his or her position, or (2) has substantial authority                              
            for the tax treatment of an item.  Sec. 6662(d)(2)(B).                                       
            Additionally, no penalty is imposed with respect to any portion                              
            of an understatement as to which the taxpayer acted with                                     
            reasonable cause and in good faith.  Sec. 6664(c)(1).                                        
                  Petitioners do not claim adequate disclosure on their                                  
            returns.  They do claim substantial authority.  However, in                                  
            making that claim, they refer generally to the portions of their                             
            brief containing their arguments that neither a deposit nor a                                
            taxpayer’s receipt of his own funds is an item of gross income                               
            and the expenditures in question were made by American Valmar as                             
            an agent for its clients.  We have rejected the factual basis of                             
            petitioners’ claim, and, thus, what authority they cite is not                               
            relevant to the facts of this case and cannot constitute                                     

            5     Respondent determined an alternative basis for the penalties                           
            imposed by sec. 6662 on account of negligence or disregard of                                
            rules and regulations.  See sec. 6662(a) and (b).  Respondent                                
            failed to address that alternative basis on brief, so we will                                
            assume that respondent has abandoned that alternative.  See                                  
            Bernstein v. Commissioner, 22 T.C. 1146, 1152 (1954), affd. 230                              
            F.2d 603 (2d Cir. 1956); Lime Cola Co. v. Commissioner, 22 T.C.                              
            593, 606 (1954); Roberts v. Commissioner, T.C. Memo. 1996-225.                               




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