Leema Enterprises, Inc. - Page 72




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          "understatement" as the excess of the amount of tax required to be          
          shown on the return over the amount of tax actually reported on the         
          return.  The understatement is "substantial" when the amount of the         
          understatement exceeds the greater of 10 percent of the amount of           
          tax required to be shown on the return for the taxable year or              
          $5,000.  Sec. 6661(b)(1)(A).  There is an exception to this addition        
          to tax, however, if there is substantial authority for the position         
          taken on the taxpayer's return, or when there is adequate disclosure        
          on the return of the relevant facts affecting the treatment of the          
          item.  Sec. 6661(b)(2)(B)(i) and (ii).                                      
               In this case, there was neither substantial authority for              
          petitioners' positions nor adequate disclosure.  As set forth above,        
          we have determined that the trading in the Merit stock forwards             
          markets lacked economic substance and was not undertaken "primarily         
          for profit".  Any substantial authority that exists with respect to         
          such trading establishes that petitioners' positions were erroneous;        
          the deduction of losses in transactions that lack the requisite             
          profit motive and economic substance is not permitted.  United              
          States v. Generes, 405 U.S. 93, 103 (1972); Gregory v. Helvering,           
          293 U.S. at 469.  Nor do petitioners' returns adequately disclose           
          the facts surrounding their claims of Merit stock forwards losses.          
          Identification of the controversy here resolved against petitioners         
          can only be made by examining the records of Merit's operation and          
          petitioners' trading pattern.  That information did not appear on,          
          or with, petitioners' Federal income tax returns.  Accordingly, the         
          additions to tax under section 6661(c) are properly imposed.                

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