Thomas N. Carmena - Page 21




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          filed in 1983, lists information that would be deemed sufficient            
          disclosure if listed on the return itself, without the necessity            
          of attaching an additional statement to the return.  However,               
          none of the specific tax items referenced in Rev. Proc. 83-21,              
          supra, are relevant to the instant case.  If disclosure is not              
          made in compliance with the regulations or the revenue procedure,           
          adequate disclosure on the return may still be satisfied if                 
          sufficient information is provided to enable respondent to                  
          identify the potential controversy involved.  See Schirmer v.               
          Commissioner, 89 T.C. 277, 285-286 (1987).  A mere claiming of              
          the loss, however, without further explanation, is not sufficient           
          to alert respondent to the controversial section 174 deduction of           
          which the partnership loss consisted.  Petitioner has failed to             
          present evidence to show that the relevant facts pertaining to              
          his Utah I loss deduction were adequately disclosed on his 1982             
          return.11                                                                   
               Finally, section 6661(c) provides the Secretary with the               
          discretion to waive the section 6661(a) addition to tax if the              
          taxpayer shows he acted with reasonable cause and in good faith.            
          This Court reviews the Secretary’s failure to waive the addition            
          to tax for abuse of discretion.  See Martin Ice Cream Co. v.                


               11   As noted earlier, even if an adequate disclosure had              
          been made on the return, such disclosure would not reduce the               
          amount of the understatement attributable to a tax shelter item.            





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