G.B. Data Systems, Inc. - Page 14




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               Section 6662(a) imposes an accuracy-related penalty equal to             
          20 percent of the tax resulting from a substantial understatement             
          of income tax.  An understatement is substantial in the case of a             
          corporation if the amount of the understatement for the taxable               
          year exceeds the greater of 10 percent of the tax required to be              
          shown in the tax return for that year or $10,000.  See sec.                   
          6662(d)(1)(A) and (B).  An understatement is equal to the excess              
          of the amount of tax required to be shown in the tax return over              
          the amount of tax shown in such return.  See sec. 6662(d)(2)(A).              
               The amount of the understatement is reduced to the extent                
          that it is attributable to, inter alia, an item for which there               
          is or was substantial authority.  See sec. 6662(d)(2)(B)(i).  In              
          order to satisfy the substantial authority standard of section                
          6662(d)(2)(B)(i), petitioner must show that the weight of author-             
          ities supporting its position is substantial in relation to those             
          supporting a contrary position.  See Antonides v. Commissioner,               
          91 T.C. 686, 702 (1988), affd. 893 F.2d 656 (4th Cir. 1990); sec.             
          1.6662-4(d)(3)(i), Income Tax Regs.  The substantial authority                
          standard is not so stringent that a taxpayer’s treatment must be              
          one that is ultimately upheld in litigation or that has a greater             
          than 50-percent likelihood of being sustained in litigation.  See             
          sec. 1.6662-4(d)(2), Income Tax Regs.  A taxpayer may have                    
          substantial authority for a position even where it is supported               
          only by a well-reasoned construction of the pertinent statutory               






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