Leo M. Ryan, et al. - Page 67

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          considered.  Wright v. Commissioner, supra at 643-644.  As we               
          have held above that respondent has not established by clear and            
          convincing evidence an underpayment by Giongo for 1982,                     
          respondent has not proved fraud for that year, and the expiration           
          of the period of limitations bars assessment and collection of              
          tax for that year.  For 1983, we hold that there is clear and               
          convincing evidence of an underpayment which, when combined with            
          other evidence, including Giongo's convictions for racketeering             
          and filing a false return, establishes fraud for 1983.                      
          Accordingly, the period of limitations does not preclude                    
          assessment and collection of tax for that year, and we hold that            
          Giongo is liable for the additions to tax under section                     
          6653(b)(1) and (2) as to his entire underpayment for 1983.                  
          III. Additions to Tax Under Section 6661                                    
               Section 6661(a) imposes an addition to tax of 25 percent of            
          any underpayment attributable to a substantial understatement of            
          income tax.  A substantial understatement is any understatement             
          which exceeds the greater of (1) 10 percent of the tax required             
          to be shown on the return or (2) $5,000.  Sec. 6661(b)(1).  If              
          the taxpayer has substantial authority for the tax treatment of             
          the item in question, or if the taxpayer adequately discloses the           
          tax treatment of the item on the return, then the amount of the             
          understatement for purposes of this section will be reduced by              
          that portion of the understatement which is attributable to that            
          item.  Sec. 6661(b)(2)(B).                                                  



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