- 7 - therefor. Accordingly, we find petitioners liable for the addition to tax under section 6651(a)(1). Respondent also determined that petitioners are liable for the accuracy-related penalty for substantial understatement of tax under section 6662(b)(2). In this regard, petitioners have not provided substantial authority for the positions taken on their return. In fact, Mrs. Emmons testified that the accountant who prepared the return informed her that the foreclosure transactions resulted in taxable gain to petitioners and that she nonetheless insisted that the return be prepared showing losses on these transactions. Furthermore, petitioners did not make disclosures within the meaning of section 6662(d)(2)(B)(ii). Therefore, due to the concessions made by the parties and the findings herein, the penalty will be sustained in the event the Rule 155 computation indicates that petitioners' understatement of tax exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on the return. To reflect the foregoing and concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011