Roderick E. Carlson and Jeanette S. Carlson - Page 35




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          Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),                
          affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.               
          686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990).                        
               We turn first to petitioners’ position with respect to                 
          respondent’s determination under section 6662(a) and (b)(2).  On            
          the record before us, we find that petitioners have failed to               
          establish that they adequately disclosed in petitioners’ joint              
          return or in any statement attached to that return the relevant             
          facts affecting the tax treatment of petitioners’ capital gain,             
          as required by section 6662(d)(2)(B)(ii)(I).  For example, there            
          are no facts disclosed either in that return or in a statement              
          attached to that return regarding the foreclosure sale of the               
          Yantari, the amount realized on that sale, or petitioners’ basis            
          in the Yantari.                                                             
               We further find on the instant record that petitioners have            
          failed to show that they had a reasonable basis for their failure           
          to report petitioners’ capital gain in petitioners’ joint return,           
          as required by section 6662(d)(2)(B)(ii)(II).  As noted above, as           
          we understand their position, petitioners contend that they did             
          not know that the value of the Yantari when it was sold at the              
          foreclosure sale was $95,000.  Apparently, petitioners maintain             
          that they believed that the value of the Yantari at that time was           
          less than $95,000, although they did not disclose in petitioners’           
          joint return, and they do not indicate on brief, what they                  






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