Sudhir P. Srivastava and Elizabeth S. Pascual - Page 30

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          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.                                                                




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