- 8 - issue, petitioners' understatement was substantial within the meaning of section 6661(b)(1)(A). The amount of the understatement may be reduced by that portion of the understatement which is attributable to either: (1) The tax treatment of any item by the taxpayer if there is or was substantial authority for such treatment; or (2) any item 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. Sec. 6661(b)(2)(B). However, if the understated item is attributed to a "tax shelter", within the meaning of section 6661(b)(2)(C)(ii), a reduction in the understatement is not permitted unless the tax treatment of the item used is supported by substantial authority and the taxpayer believed that the tax treatment of such item was more likely than not the proper tax treatment. Sec. 6661(b)(2)(C)(i)(II). We conclude that Irving & Co. was a tax shelter within the meaning of section 6661(b)(2)(C)(ii). Therefore, even if petitioner adequately disclosed the nature of the understated items on their return, which they did not do, they could not have avoided the addition for substantial understatement. Sec. 6661(b)(2)(C)(i)(I). The question now is whether petitioners have substantial authority for their treatment of the items in question and didPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011