- 42 - sec. 13251, 107 Stat. 531. After the amendment, section 6662(d)(2)(B)(ii) provides as follows: (B) Reduction for understatement due to position of taxpayer or disclosed item.-- The amount of the understatement under subparagraph (A) shall be reduced by that portion of the understatement which is attributable to-- * * * * * * * (ii) any item if-- (I) the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a state- ment attached to the return, and (II) there is a reasonable basis for the tax treatment of such item by the taxpayer. Thus, in the case of returns for tax years 1993 and 1994, the tax treatment of an item must be adequately disclosed in the return or in an attached statement, and there must be a reasonable basis for the tax treatment. Sec. 1.6662- 4(e) and (f), Income Tax Regs. The conference report issued in connection with this amendment, H. Conf. Rept. 103-213, at 669 (1993), 1993-3 C.B. 393, 547, describes the intent of the conferees concerning the meaning of the phrase "reasonable basis" as follows: The conferees intend that "reasonable basis" be a relatively high standard of tax reporting, that is, significantly higher than "not patently improper." This standard is not satisfied by aPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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