- 24 - activity losses with respect to the Hawaiian condominiums (which as a result of our holding above refers only to the Molokai condo). Petitioners did not address this matter on brief, but generally suggested at trial that they had substantial authority for the reporting of their rental activities. A substantial understatement means an understatement which exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1). The understatement is reduced by that portion of the understatement for which the taxpayer had substantial authority. Sec. 6662(d)(2)(B)(i). The substantial authority standard requires an objective examination of the law and the application of the law to the relevant facts. Sec. 1.6662-4(d)(2), Income Tax Regs. There is substantial authority for the tax treatment of an item only if the weight of the authorities supporting the treatment is substantial in relation to the weight of authorities' supporting contrary treatment. Sec. 1.6662-4(d)(3)(i), Income Tax Regs. Among the authorities a taxpayer may rely upon are IRS information or press releases, and notices, announcements, and other administrative pronouncements published in the Internal Revenue Bulletin by the IRS. Sec. 1.6662-4(d)(3)(iii), Income Tax Regs. Mr. Pohoski testified that he relied upon IRS Publication 925, Passive Activity and At-Risk Rules. Assuming arguendo that Publication 925 is authority, Mr. Pohoski testified that he onlyPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011