- 26 - substantial understatement as an understatement of income tax for the taxable year that exceeds the greater of 10 percent of the tax required to be shown or $5,000. Sec. 6662(d)(1). We have sustained respondent’s determinations of adjustments to petitioner’s income in their entirety in each of the tax years in question; petitioner’s understatement of tax exceeds $5,000 and 10 percent of the tax required to be shown on his return. Respondent is foreclosed from imposing the accuracy-related penalty if a taxpayer has substantial authority for the treatment of the items at issue or if the taxpayer adequately disclosed such items. Sec. 6662(d)(2)(B)(i) and (ii). Petitioner has the burden of showing either that he had substantial authority for the tax treatment of the tax certificate interest or that he adequately disclosed his treatment on the returns for each year in issue. Rule 142(a). The substantial authority standard is “an objective standard involving an analysis of the law and application of the law to relevant facts. The substantial authority standard is less stringent than the `more likely than not’ standard, * * * but 12(...continued) (A) the amount shown as the tax by the taxpayer on his return, plus (B) amounts not so shown previously assessed (or collected without assessment), over (2) the amount of rebates made.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011