Lowell L. and Marilyn A. Robertson - Page 42




                                       - 42 -                                         
             are not subject to liability under that provision for two                
             reasons.  First, petitioners argue that the amount of the                
             "understatement" should be reduced by the entire under-                  
             statement because petitioners satisfied the substantial                  
             authority and reasonable belief requirements of section                  
             6661(b)(2)(B) and (C).  To establish substantial authority               
             and reasonable belief, petitioners rely on the same                      
             arguments, summarized above, that they advanced to show                  
             that they are not liable for the negligence additions under              
             section 6653(a)(1) and (2).  Second, petitioners maintain                
             that they meet the standards for waiver of the addition to               
             tax under section 6661(c), which provides that the                       
             Secretary may waive all or any part of the section 6661                  
             addition if the taxpayers prove that there was reasonable                
             cause for the understatement and they acted in good faith.               
                  Finally, as to the additions to tax under both                      
             sections 6653(a) and 6661, petitioners argue that the Court              
             should vacate those portions of our opinion relating to                  
             additions to tax under sections 6653(a) and 6661 because                 
             the Court's holding that the investment did not have                     
             economic substance was based upon the novel theory that                  
             petitioners acquired a limited or partial interest, rather               
             than an entire ownership interest, in the computer                       
             equipment.                                                               






Page:  Previous  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  Next

Last modified: May 25, 2011