Steven H. Toushin - Page 17




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          III.  Substantial Understatement of Income in 1982                          
               Section 6661 imposes an addition to tax of 10 percent of the           
          amount of any underpayment attributable to a substantial                    
          understatement of income tax.  A substantial understatement is              
          one which exceeds the greater of 10 percent of the tax required             
          to be shown on the return or $5,000.  See sec. 6661(b)(1)(A).               
               If the taxpayer has substantial authority for the tax                  
          treatment of any item on the return, the understatement is                  
          reduced by the amount attributable to it.  See sec.                         
          6661(b)(2)(B)(i).  Similarly, the amount of the understatement is           
          reduced for any item adequately disclosed either on the                     
          taxpayer's return or in a statement attached to the return.  See            
          sec. 6661(b)(2)(B)(ii).                                                     
               Petitioner bears the burden of proving that the addition to            
          tax under section 6661 does not apply.  See Rule 142(a);                    
          Tweeddale v. Commissioner, 92 T.C. 501, 506 (1989).  Petitioner             
          has offered no evidence or argument that he is not liable for the           
          addition to tax under section 6661(a).  We conclude that                    
          petitioner is liable for the section 6661(a) addition to tax for            
          1982.                                                                       
          IV.  Statute of Limitations                                                 
               Where a fraudulent return is filed with the intent to evade            
          tax, the tax may be assessed at any time.  See sec. 6501(c).                
          Petitioner argues that respondent's assessment of deficiencies              





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