- 25 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011