- 112 - prudent person would do under the circumstances. See Neely v. Commissioner, 85 T.C. 934, 947 (1985). With respect to the restructuring of the excess value income, we have found that petitioner engaged in ongoing sham transactions devoid of economic substance during the year at issue. Petitioner is a sophisticated taxpayer. The primary thrust of petitioner's argument was that it had valid business purposes for restructuring its EVC activities. We have not accepted this explanation. On the basis of the record as described above, we reject any contention that petitioner had a reasonable basis for the positions taken on the returns. We, therefore, sustain respondent's determination under section 6653(a)(1). We further sustain respondent's determination under section 6653(a)(2) with regard to that portion of the underpayment of tax that is attributable to the excess value charges. Respondent also determined that petitioner is liable for an addition to tax for 1984 under section 6661. Section 6661(a) provides for an addition to tax equal to 25 percent of the amount of the underpayment attributable to a substantial understatement of income tax. See Pallottini v. Commissioner, 90 T.C. 498, 503 (1988). In the case of a corporation, other than an S corporation or personal holding company, an understatement is substantial if it exceeds the greater of $10,000 or 10 percent ofPage: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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