- 40 - Q Is that based on a review of the returns themselves? A Exactly. That's all I had was just the-- I believe it was the 1993 return that the audit began with. Q That's the only return you had looked at that time? A Yes. I believe that is correct. It was 1993 or 1992. 1994 had not been filed. I believe I began with the 1993 return. It's in the record if it needs to be verified. Respondent's position is that the exception for adequate disclosure provided in section 6662(d)(2)(B)(ii) does not apply and "the penalty should be sustained in full for each of the years 1989 through 1994." Respondent asks the Court to reject petitioner's argument that the personal holding company issue is apparent from the face of the returns for 1989 through 1993. Respondent does not provide an analysis of the face of the returns but argues that the ability of respondent's agent to immediately spot the personal holding company tax issue does not mean that the issue was adequately disclosed on the returns, within the meaning of section 6662(d)(2)(B)(ii). Respondent does not address the disclosure made in petitioner's 1994 return. Respondent also argues: Even if the Court were to conclude that the relevant facts affecting the item's tax treatment were adequately disclosed in the returns, no evidence has been offered that the petitioner hadPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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