Don L. and Lora Christensen - Page 22




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          sufficient information is provided to enable respondent to                  
          identify the potential controversy involved.  Schirmer v.                   
          Commissioner, 89 T.C. 277, 285-286 (1987).  However, a mere                 
          claiming of the loss, without further explanation, is not                   
          sufficient to alert respondent to the controversial section 174             
          deduction of which the partnership loss consisted.  Petitioners             
          have failed to show that the relevant facts pertaining to their             
          Blythe II loss deduction were adequately disclosed on their 1982            
          return.12                                                                   
               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.                
          Commissioner, 110 T.C. 189, 235 (1998).  Petitioners argue that             
          they acted in good faith and reasonably relied upon the advice of           
          Mr. Hulse in claiming the relevant loss.  However, nothing in the           
          record indicates that petitioners requested a waiver for good               
          faith and reasonable cause under section 6661(c).  In the absence           
          of such a request, this Court cannot review respondent’s                    
          determination for an abuse of discretion.  See id.  In any event,           



               12   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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