Bobby E. Welch - Page 21

                                       - 21 -                                         
          to the additions to tax under section 6653(a) for 1986, 1987, and           
          1988 and the penalties under section 6662(a) for 1989 and 1990.             
               Section 6661(a) provides that "If there is a substantial               
          understatement of income tax for any taxable year, there shall be           
          added to the tax an amount equal to 25 percent of the amount of             
          any underpayment attributable to such understatement."  See also            
          Pallottini v. Commissioner, 90 T.C. 498 (1988).  There is a                 
          substantial understatement if the amount of the understatement              
          exceeds the greater of $5,000 or 10 percent of the tax required             
          to be shown on the return.  Sec. 6661(b)(1)(A).  The amount of              
          the understatement shall be reduced if there is substantial                 
          authority for the tax treatment of any item or there is                     
          disclosure of the relevant facts affecting the item's tax                   
          treatment.  Sec. 6661(b)(2)(B).  The understatements of tax here            
          essentially result from unreported income and the disallowed NOL            
          carryovers, and are substantial under section 6661(b)(1).  There            
          was no substantial authority for either position taken, nor was             
          there adequate disclosure of the relevant facts.  Therefore, we             
          sustain respondent's determinations with respect to the additions           
          to tax under section 6661(a) for 1986, 1987, and 1988.                      
          Tax on Self-Employment Income                                               
               Section 1401(a) imposes a tax "on the self-employment income           
          of every individual".  As we understand it, petitioner does not             
          dispute that he is liable for the tax.  Rather, he contends that            
          his self-employment income should not be increased by the                   




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011