Martin and Barbara Schachter - Page 22

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          with regard to the items in question.  Crocker v. Commissioner,             
          92 T.C. 899, 917 (1989).  Because of petitioners' failure to                
          maintain such records and because of petitioners' improper                  
          calculation, without adequate explanation, of the tax basis of              
          the Aptos residence, we conclude that petitioners are liable for            
          the negligence additions to tax relating to the above items and             
          to all other adjustments in issue.                                          
               Section 6661(a) provides an addition to tax of 25 percent2             
          of the amount of any underpayment attributable to a substantial             
          understatement of tax.  The term "understatement" is defined in             
          section 6661(b)(2)(A) as being the excess of the amount of tax              
          required to be shown on the return for a year over and above the            
          amount shown on the return.  An understatement is substantial if            
          it exceeds the greater of 10 percent of the tax required to be              
          shown on the return or $5,000.  The amount of the understatement            
          can be reduced if substantial authority exists for the taxpayer's           
          treatment of the item in dispute, or if the item is adequately              
          disclosed in the return or in a statement attached to the return.           
          Sec. 6661(b)(2)(B).  For each year involved in this case, the               




          2    In their trial memorandum, petitioners state that a 10-                
          percent rate was in effect for 1985.  However, sec. 8002 of the             
          Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509, 100              
          Stat. 1951, increased the rate to 25 percent for penalties                  
          assessed after Oct. 21, 1986.  Therefore, the correct rate for              
          1985 is 25 percent.  Licari v. Commissioner, 946 F.2d 690 (9th              
          Cir. 1991), affg. T.C. Memo. 1990-4.                                        




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