Robert E. Signom, II and Lola Signom - Page 44




                                       - 44 -                                         
          Accuracy-Related Penalty                                                    
               Respondent determined that petitioners are liable for the              
          year at issue for the accuracy-related penalty under section                
          6662(a).  In their reply brief, petitioners contend that respon-            
          dent’s determination is wrong because (1) “they correctly re-               
          ported their gift”, and (2) they “had substantial authority for             
          their return position that they gifted their St. Clair property             
          interests” to the University.14                                             
               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 equal to the excess of the             
          amount of tax required to be shown in the tax return over the               


               14In their opening brief, petitioners assert:                          
                    Petitioners properly disclosed the relevant facts                 
               relating to both the charitable contribution to the                    
               University and the like-kind exchange.  Accordingly,                   
               the substantial understatement penalty is not here                     
               applicable.                                                            
          As we understand it, petitioners contend in their opening brief             
          that they made adequate disclosure within the meaning of sec.               
          6662(d)(2)(B)(ii) and the regulations thereunder with respect to            
          their claimed charitable contribution deduction.  In their reply            
          brief, petitioners do not advance any argument relating to                  
          disclosure of the “relevant facts” in their joint return.  We               
          conclude that petitioners have abandoned the contention in their            
          opening brief that they made adequate disclosure within the                 
          meaning of sec. 6662(d)(2)(B)(ii) and the regulations thereunder.           
          See Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988).  Assum-            
          ing arguendo that we were to have concluded that petitioners did            
          not abandon that contention, we find on the instant record that             
          they did not adequately disclose the relevant facts surrounding             
          the claimed charitable contribution.  See sec. 6662(d)(2)(B)(ii);           
          sec. 1.6662-4(e)(1) and (f)(1) and (2), Income Tax Regs.                    




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