Eleazar C. Flores, Jr. - Page 9




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          income tax.  Section 6662(d) defines a substantial understatement            
          as an understatement of income tax for the taxable year that                 
          exceeds the greater of 10 percent of the tax required to be shown            
          on the tax return or $5,000.  If, however, the taxpayer can show             
          that either substantial authority exists for the treatment of the            
          items at issue or the taxpayer has adequately disclosed such items,          
          and that there is a reasonable basis for petitioner’s tax treatment          
          of the item, section 6662(a) will not apply.  See sec.                       
          6662(d)(2)(B); Rule 142(a).                                                  
               Petitioner argues that the substantial understatement penalty           
          should not be imposed because (1) he believed in good faith that he          
          owed no obligation to either report or pay taxes on the $99,880,             
          and (2) substantial authority exists supporting the conclusion that          
          mere couriers are not the owners of property.  We do not believe             
          petitioner acted either reasonably or in good faith.  As stated              
          supra, we believe petitioner was the owner of the money and did not          
          act as a mere courier. Consequently, we sustain respondent's                 
          imposition of the accuracy-related penalty.                                  
               In reaching our conclusions herein, we have considered all              
          arguments presented and, to the extent not discussed above, find             
          them to be without merit.                                                    











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