William J. Goeden and Carol S. Goeden - Page 16

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          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.  Threlkeld            





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