- 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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