- 40 - on Landreth v. Commissioner, 50 T.C. 803 (1968), Payne v. Commissioner, T.C. Memo. 1998-227, and Whitmer v. Commissioner, T.C. Memo. 1996-83, as substantial authority for their reporting position, their position is not supported by any well-reasoned construction of the relevant authorities. The cases cited on brief are readily distinguishable and, to the extent they are pertinent, actually undermine Henry and Esther’s argument. See Estate of Reinke v. Commissioner, 46 F.3d 760, 765 (8th Cir. 1995), affg. T.C. Memo. 1993-197; Antonides v. Commissioner, 91 T.C. 686, 702-703 (1988), affd. 893 F.2d 656 (4th Cir. 1990). We have rejected the factual basis of Henry and Esther’s claim that they were accommodation parties, and, thus, the authority they cite holding that a guarantor does not realize income when the underlying debt is paid is not substantial authority for purposes of section 6662. The only other argument made by Henry and Esther in support of their position that they should be relieved of any penalty under section 6662 is that they had reasonable cause for their reporting position and that they acted in good faith. See sec. 6664(c).22 The determination of whether a taxpayer acted with 22Although Henry and Esther made disclosures that they had omitted the payments from their 1992 and 1996 returns, they have not asserted or argued that the disclosures were adequate disclosures. See Cramer v. Commissioner, 101 T.C. 225, 255 (1993), affd. 64 F.3d 1406 (9th Cir. 1995); sec. 1.6661-4(b)(3), Income Tax Regs. Even after respondent, anticipating an adequate (continued...)Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011