- 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.Page: Previous 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Next
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