- 30 - amount of the understatement for the taxable year exceeds the greater of (1) 10 percent of the tax required to be shown on the return or (2) $5,000. Sec. 6662(d)(1)(A). For purposes of section 6662(d)(1), "understatement" is defined as the excess of tax required to be shown on the return over the amount of tax that is shown on the return reduced by any rebate. Sec. 6662(d)(2)(A). After adjustments,16 respondent determined that the amounts of tax required to be shown on the returns are $1,194,296 and $45,969, and the amounts of the understatements of tax are $1,188,920 and $33,037 for 1991 and 1992, respectively. As each of these understatement amounts exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000 for the year at issue, respondent applied the penalty. Section 6662(d)(2)(B)(i) provides that the amount of the understatement shall be reduced by the portion of the understatement that is attributable to the tax treatment of any item if there is or was substantial authority for such treatment. The substantial authority standard is an objective standard 16 Respondent determined that computational adjustments should be made for 1991 which would preclude petitioners from claiming deductions for personal exemptions, eliminated their deductions for medical expenses, adjusted the amounts of self- employment tax and the deduction for self-employment tax, and increased the allowance for charitable contributions. Respondent determined that computational adjustments should be made for 1992 which would adjust petitioners' deduction for charitable contributions to conform with the percentage limitations.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011