- 44 - return. See Rev. Proc. 89-11, 1989-1 C.B. 797; Rev. Proc. 90-16, 1990-1 C.B. 477; Rev. Proc. 91-19, 1991-1 C.B. 523; Rev. Proc. 92-23, 1992-1 C.B. 737; Rev. Proc. 93-33, 1993-2 C.B. 470; Rev. Proc. 94-36, 1994-1 C.B. 682; Rev. Proc. 94- 74, 1994-2 C.B. 823. Before the 1993 amendment, section 6662(d)(2)(B)(ii) provided 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 with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. Thus, for tax years 1989 through and including 1992, the statute did not impose the reasonable basis requirement. However, regulations promulgated under section 6662 to implement the adequate disclosure exception, former section 1.6662-4(e) and (f), Income Tax Regs., provided as follows: (e) Disclosure of certain information-- (1) Effect of adequate disclosure. Items for which there is adequate disclosure as provided in this paragraph (e) and in paragraph (f) of this section are treated as if such items were shown properly on the return for the taxable year in computing the amount of the tax shown on the return. Thus, for purposes of section 6662(d),Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011