Marco Deplano - Page 13

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          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).                                                              




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