Henry and Esther Misle - Page 40




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            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...)                





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