Char-Lil Corporation - Page 45

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                  the tax attributable to such items is not                           
                  included in the understatement for that year.                       
                  (2) Circumstances where disclosure will not have                    
                  an effect.  The rules of paragraph (e)(1) of this                   
                  section do not apply where the item or position                     
                  on the return is--                                                  
                            (i) Frivolous (as defined in � 1.6662-                    
                       3(b)(3));                                                      
                            (ii) Attributable to a tax shelter (as                    
                       defined in section  6662(d)(2)(C)(ii) and                      
                       paragraph (g)(2) of this section); or                          
                            (iii) Not properly substantiated, or                      
                       the taxpayer failed to keep adequate books                     
                       and records with respect to the item or                        
                       position.                                                      
                       (f) Method of making adequate disclosure--                     
                  (1) Disclosure statement.  Disclosure is adequate                   
                  with respect to an item (or group of similar                        
                  items, such as amounts paid or incurred for                         
                  supplies by a taxpayer engaged in business) or a                    
                  position on a return if the disclosure is made on                   
                  a properly completed form attached to the return                    
                  or to a qualified amended return (as defined in �                   
                  1.6664-2(c)(3)) for the taxable year.  In the                       
                  case of an item or position other than one that                     
                  is contrary to a regulation, disclosure must be                     
                  made on Form 8275 (Disclosure Statement); in the                    
                  case of a position contrary to a regulation,                        
                  disclosure must be made on Form 8275-R                              
                  (Regulation Disclosure Statement).                                  
                  (2) Disclosure on return.  The Commissioner may                     
                  by annual revenue procedure (or otherwise)                          
                  prescribe the circumstances under which                             
                  disclosure of information on a return (or                           
                  qualified amended return) in accordance with                        
                  applicable forms and instructions is adequate.                      
                  If the revenue procedure does not include an                        
                  item, disclosure is adequate with respect to that                   
                  item only if made on a properly completed Form                      
                  8275 or 8275-R, as appropriate, attached to the                     
                  return for the year or to a qualified amended                       
                  return.                                                             




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Last modified: May 25, 2011