Florida Industries Investment Corporation and Subsidiaries - Page 47




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          tax returns"; and (3) "there is a sufficient, uncontroverted                 
          basis in the record to conclude that Petitioners relied in good              
          faith on Petitioners' professional return preparer, C.P.A.                   
          Clarence Riggs, in taking the positions on Petitioners' returns".            
               Section 6662(a) imposes an accuracy-related penalty equal to            
          20 percent of the underpayment of tax resulting from a substan-              
          tial understatement of income tax.  An understatement is equal to            
          the excess of the amount of tax required to be shown in the tax              
          return over the amount of tax shown in the tax return, see sec.              
          6662(d)(2)(A), and is substantial in the case of a corporation if            
          it exceeds the greater of 10 percent of the tax required to be               
          shown or $10,000, see sec. 6662(d)(1)(A) and (B).                            
               The amount of the understatement is reduced to the extent               
          that it is attributable to an item for which there was substan-              
          tial authority.  See sec. 6662(d)(2)(B)(i).  In order to satisfy             
          the substantial authority standard of section 6662(d)(2)(B)(i),              
          petitioners must show that the weight of authorities supporting              
          their position is substantial in relation to those supporting a              
          contrary position.  See Antonides v. Commissioner, 91 T.C. 686,              
          702 (1988), affd. 893 F.2d 656 (4th Cir. 1990); sec. 1.6662-                 
          4(d)(3)(i), Income Tax Regs.  The substantial authority standard             
          is not so stringent that a taxpayer's treatment must be one that             
          is ultimately upheld in litigation or that has a greater than 50-            
          percent likelihood of being sustained in litigation.  See sec.               
          1.6662-4(d)(2), Income Tax Regs.  A taxpayer may have substantial            




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