Thomas N. Carmena - Page 20




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          for which there was substantial authority, or (2) the tax                   
          treatment of any item with respect to which the relevant facts              
          were adequately disclosed on the return.  See sec. 6661(b)(2)(B).           
          If an understatement is attributable to a tax shelter item,                 
          however, different standards apply.  First, in addition to                  
          showing the existence of substantial authority, a taxpayer must             
          show that he reasonably believed that the tax treatment claimed             
          was more likely than not proper.  See sec. 6661(b)(2)(C)(i)(II).            
          Second, disclosure, whether or not adequate, will not reduce the            
          amount of the understatement.  See sec. 6661(b)(2)(C)(i)(I).                
               Substantial authority exists when "the weight of authorities           
          supporting the treatment is substantial in relation to the weight           
          of the authorities supporting contrary positions."  See sec.                
          1.6661-3(b)(1), Income Tax Regs.  Petitioner has failed to                  
          present evidence to show that substantial authority existed for             
          the tax treatment of the Utah I loss on his 1982 return.                    
               Adequate disclosure of the tax treatment of a particular               
          item may be made either in a statement attached to the return or            
          on the return itself, if it is in accordance with the                       
          requirements of Rev. Proc. 83-21, 1983-1 C.B. 680.  See sec.                
          1.6661-4(b) and (c), Income Tax Regs.  The record indicates that            
          petitioner did not attach a statement to his 1982 return                    
          disclosing the specific facts surrounding his Utah I loss                   
          deduction.  Rev. Proc. 83-21, supra, applicable to tax returns              





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