- 13 - was substantial authority, or with respect to which the relevant facts affecting its treatment were adequately disclosed on the return or in a statement attached thereto. Sec. 6661(b)(2)(A) and (B). Petitioner makes no argument that there was adequate disclosure. Likewise, petitioner has not produced substantial authority for the treatment of these items. Petitioner's claim that he reasonably and in good faith relied on the advice of his accountant in claiming such items, without evidence of what authority Mr. Coscia relied upon in determining the treatment of such items, is insufficient to show substantial authority. See Buck v. Commissioner, T.C. Memo. 1997-191. "Authority" for this purpose includes statutes or regulatory provisions, court decisions, administrative pronouncements, tax treaties, or legislative history. Sec. 1.6661-3(b)(2), Income Tax Regs. Opinions rendered by tax professionals are not substantial authority.3 Id. In the instant case the deficiency upon which the additions to tax were imposed equals $9,549. The amount of tax required to be shown on the return pursuant to the previous partnership proceedings is $13,735. Thus, the understatement ($9,549) is 3 Because we conclude that petitioner has not made adequate disclosure or produced substantial authority, it is unnecessary for us to consider whether petitioner's investment in Ridge Energy is a "tax shelter" within the meaning of sec. 6661(b)(2)(C).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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