- 596 - With respect to the 1987 capital gains and losses adjustment of $3,097,750, included therein is the disallowance of losses claimed on the sale of notes receivable, stock, and partnership interests to Windy City and MAF for nominal consideration. Kanter admitted that the purpose of these sales was to establish losses for tax purposes. As discussed in the disallowance of these losses, the claimed losses were based on sham transactions wholly lacking in economic substance. Consequently, any underpayments resulting from these adjustments are attributable to tax-motivated transactions within the meaning of section 6621(c). Issue 37. Whether IRA Is Liable for the Section 6651(a)(1) Addition to Tax for 1980 OPINION In the notice of deficiency, respondent determined that IRA was liable for an addition to tax under section 6651(a)(1) equal to 15 percent of the deficiency for filing a delinquent return for 1980. Section 6651(a)(1) provides that if there is a failure to file a return on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there will be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is not for more than 1 month, with an additional 5Page: Previous 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 Next
Last modified: May 25, 2011