- 27 - purpose, authorities include statutory and regulatory provisions, legislative history, administrative interpretations of the Commissioner, and court decisions, but not conclusions reached in treatises or legal periodicals. See Booth v. Commissioner, 108 T.C. 524, 578 (1997); sec. 1.6662-4(d)(3)(iii), Income Tax Regs. Petitioners' position is not supported by any well-reasoned construction of the relevant statutory provisions. The cases petitioners have cited on brief are readily distinguishable and, to the extent they are pertinent, undermine their position. Cases that are factually distinguishable are not substantial authority. See Antonides v. Commissioner, 91 T.C. 686, 702-703 (1988), affd. 893 F.2d 656 (4th Cir. 1990); see also Estate of Reinke v. Commissioner, 46 F.3d 760, 765 (8th Cir. 1995), affg. T.C. Memo. 1993-197. We have rejected the factual basis of petitioners' claim, and, thus, the authority they cite is not relevant to the facts of this case and cannot constitute substantial authority. Petitioners assert that they adequately disclosed the tax treatment of the attorney’s fees and guaranties. The adequate disclosure requirement can be satisfied by providing information that "reasonably may be expected to apprise the Internal Revenue Service of the identity of the item, its amount, and the nature of the potential controversy". Sec. 1.6661-4(b)(3), Income Tax Regs.; see also Cramer v. Commissioner, 101 T.C. 225, 255 (1993),Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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