- 589 - respondent's determination and hold that the Kanters are liable for the addition to tax under section 6659 equal to 30 percent of the underpayment attributable to the GLS Associates adjustment. Issue 35. Whether Kanter Is Liable for Section 6661 Additions to Tax for 1982 Through 1984, and 1986 Through 1988 OPINION Section 6661(a) provides that, if there is a substantial understatement of income tax for any year, there will be added to the tax an amount equal to 25 percent of the amount of any underpayment attributable to such understatement. See Pallottini v. Commissioner, 90 T.C. 498 (1988). For purposes of this section, a substantial understatement exists if the amount of the understatement for the taxable year exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. See sec. 6661(b)(1). The term “understatement” means the excess of the tax required to be shown on the return over the amount of tax imposed which is shown on the return. Sec. 6661(b)(2)(A). The amount of the understatement is reduced by that portion of the (...continued) However, as the Court further noted in Becker, to the extent that the Court of Appeals for the Fifth Circuit's reversal in Heasley may be read as based on a concept that, where an underpayment derives from a lack of economic substance, the underpayment cannot be attributable to an overvaluation, this Court, the Court of Appeals for the Second Circuit, and other Courts of Appeals have disagreed with the Fifth Circuit. See Gilman v. Commissioner, supra.Page: Previous 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 Next
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