- 31 - Schedule C for petitioner's activity related to Adult Living Centers. Instead, petitioners claimed the deductions at issue on Schedules C for the oil and gas production activity. Petitioners deducted the payments of petitioner's guaranties as legal and professional fees. It is clear that petitioner did not make a good-faith effort in entering the amounts of the claimed expenses on the Schedules C. Petitioners did not comply with the revenue procedures, and, therefore, the safe harbor provided by the revenue procedures does not apply. A taxpayer may also satisfy the requirements for adequate disclosure by providing sufficient information on the face of the return that enables the Commissioner to identify the potential controversy. See Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987); Hernandez v. Commissioner, T.C. Memo. 1998-46; Elliott v. Commissioner, T.C. Memo. 1997-294, affd. without published opinion 149 F.3d 1187 (8th Cir. 1998); Horwich v. Commissioner, T.C. Memo. 1991-465. This method of disclosure requires more than a production of a "clue" with respect to the nature of the controversy. See Horwich v. Commissioner, supra. Petitioners' disclosure was unquestionably inadequate given the disparity between the claim they were asserting and the facts. Their method of reporting the expenses disguised rather than disclosed the true substance of the payments. The mere declaration of a deduction does not entitle a taxpayer to aPage: 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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