- 16 - 100 Stat. 1874, 1951; Licari v. Commissioner, 946 F.2d 690, 692 (9th Cir. 1991), affg. T.C. Memo. 1990-4; Pallottini v. Commissioner, 90 T.C. 498 (1988). Section 6661(b)(1)(A) provided that a substantial understatement of income tax exists if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. An understatement was defined as the excess of the amount of tax required to be shown on the return for the taxable year over the amount of tax imposed which is shown in the return, reduced by any rebate. Sec. 6661(b)(2)(A). In general, section 6661(b)(2)(B) provided that the understatement is deemed to be reduced to the extent it is attributable to: (1) The tax treatment of an item for which there was substantial authority; or (2) any items with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return. At the time petitioners timely filed their Federal income tax return for 1988 there was substantial authority for treating some of the settlement payments petitioner received from the credit union as excludable from his gross income. Damages to professional or business reputation were excludable under section 104(a)(2) as being based on tort or tort type claims. ThrelkeldPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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