Char-Lil Corporation - Page 42

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             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 a                     




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