Estate of Frank Johnson - Page 14




                                       - 103 -                                        
          understatement.  An understatement is substantial if it exceeds             
          the greater of 10 percent of the tax required to be shown or                
          $5,000.  Sec. 6661(b)(1)(A).  An "understatement" is defined as             
          the excess of the tax required to be shown on the return over the           
          tax actually shown on the return.  Excepting items attributable             
          to tax shelters, the amount of the understatement is reduced by             
          items with respect to which the taxpayer had substantial                    
          authority for his or her position or for which relevant facts               
          affecting the tax treatment were adequately disclosed.  Sec.                
          6661(b)(2)(B).                                                              
               Petitioners provided no evidence to show that they had                 
          substantial authority for the understatements, and their tax                
          returns did not disclose the relevant facts sufficiently to                 
          enable respondent to identify the potential controversy involved.           
          See Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987).                  
          Instead,  petitioners relied on the evidence they presented to              
          prove that Frank and Katherine did not underreport their income             
          for any of the years in issue, and hence there were no                      
          deficiencies for those years, to prove that the additions to tax            
          under section 6661 would not apply.  We have found that the                 
          evidence supports respondent’s position that Frank and Katherine            
          understated their income for the years in issue.  Accordingly, we           
          sustain respondent's determination under section 6661 for 1983              
          through 1988.                                                               






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