- 16 - understatement attributable to a substantial understatement. A substantial understatement means an understatement which exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1). The understatement is reduced by that portion of the understatement for which the taxpayer had substantial authority or for which the taxpayer adequately disclosed the relevant facts in the return. Sec. 6662(d)(2)(B). Additionally, no penalty is imposed with respect to any portion of an understatement as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1). Section 1.6664-4(b), Income Tax Regs., provides that reliance on professional advice constitutes reasonable cause and good faith if, under all the circumstances, the reliance was reasonable and the taxpayer acted in good faith. The taxpayer, however, must disclose to the adviser all relevant facts regarding the proper tax treatment of an item in order to be able to invoke the professional reliance exception. Although petitioner retained the services of a tax return preparer, it did not disclose the relevant facts to the preparer. Accordingly, petitioner is liable for the section 6662(a) accuracy- related penalty with regard to the items it conceded. To reflect the foregoing and petitioner's concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011