Lavern Scherping - Page 10

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          required to be shown on the return or $5,000.  Sec.                         
          6661(b)(1)(A).                                                              
               In general the amount of the understatement is reduced to              
          the extent an understatement is traceable to an item that is                
          either adequately disclosed or supported by substantial                     
          authority.  Sec. 6661(b)(2)(B).  But this relief is curtailed if            
          the item that causes the understatement derives from a tax                  
          shelter.  An understatement derived from tax shelter items is not           
          reduced by disclosure.  Sec. 6661(b)(2)(C)(i)(I).  Further, in              
          addition to showing that an item attributable to a tax shelter is           
          supported by substantial authority, taxpayers must show they                
          reasonably believed their tax treatment of any tax shelter item             
          "was more likely than not the proper treatment."  Sec.                      
          6661(b)(2)(C)(i)(II).  For purposes of section 6661, the term               
          "tax shelter" includes any plan or arrangement aimed principally            
          at avoiding or evading Federal income tax.  Sec.                            
          6661(b)(2)(C)(ii)(III).  Petitioners' purported transfer of                 
          farming assets to Imperial constituted a tax shelter within the             
          meaning of this section.                                                    
               Petitioners have failed to meet their burden of proof on               
          this issue.  The understatements are substantial, and the record            
          does not establish that any of the understatements are reduced              








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