Char-Lil Corporation - Page 48

                                       - 48 -                                         

                            the tax treatment of the item (or                         
                            items).                                                   
                       (2) Disclosure of legal issue.  In lieu of                     
                  setting forth the facts affecting the tax treat-                    
                  ment of an item (or group of similar items) in                      
                  accordance with paragraph (b)(1)(iv) of this                        
                  section, the taxpayer may set forth a concise                       
                  description of the legal issue presented by such                    
                  facts.                                                              
                       (3) Requirement of particularity.                              
                  Disclosure is not adequate with respect to an                       
                  item (or group of similar items) if it consists                     
                  of undifferentiated information that is not                         
                  arranged in a manner that reasonably may be                         
                  expected to apprise the Internal Revenue Service                    
                  of the identity of the item, its amount, and the                    
                  nature of the potential controversy concerning                      
                  the item (or items).  For example, attachment to                    
                  the return of an acquisition agreement generally                    
                  will not constitute adequate disclosure of the                      
                  issues involved in determining the basis of                         
                  certain acquired assets.                                            
                       (c) Disclosure on return.  The Commissioner                    
                  may by revenue procedure prescribe the circum-                      
                  stances in which information provided on the                        
                  return in accordance with the applicable forms                      
                  and instructions will be adequate disclosure                        
                  for purposes of section 6661.                                       

                  We agree with respondent that petitioner has not                    
             established that the understatement for any of the                       
             years in issue should be reduced pursuant to section                     
             6662(d)(2)(B)(ii) with respect to the portion of the                     
             understatement attributable to the personal holding company              
             tax.  A review of each of petitioner's returns for 1989                  
             through 1993 might cause the reviewer to wonder about the                
             application of personal holding company tax, but it would                




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