- 23 - After adjustments,5 respondent determined that the amounts of tax required to be shown on the returns are $7,701, $9,994, and $9,473, and that the amounts of the understatements of tax are $6,668, $9,683, and $10,019, for 1992, 1993, and 1994, respectively. As each of these 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 at issue. Petitioners assert that there was no understatement, and that if the Court finds there was substantial understatement, the penalty should not apply because reporting all of their income and deductions on their tax returns is adequate disclosure. Section 6662(d)(2)(B) provides that the amount of the understatement shall be reduced by the portion of the understatement that is attributable to tax treatment of any item if: (1) There is or was substantial authority for such treatment; or (2) if the relevant facts affecting the item's treatment are adequately disclosed in the return or in a statement attached to the return.6 5 In addition to disallowing certain deductions, respondent determined that computational adjustments should be made which would preclude petitioners from claiming the earned income credit during the years at issue. 6 This subsection was amended by Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13251(a), 107 Stat. 531, effective with respect to returns the due dates for which (determined without regard to extensions) are after Dec. 31, 1993. The amended subsection provides, in part, that the (continued...)Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011