Domingo A. Lopez - Page 20




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            sec. 8002, 100 Stat. 1951, provides for an addition to tax of 25                           
            percent of the amount of any underpayment attributable to a                                
            substantial understatement of income tax for the taxable year.  A                          
            substantial understatement of income tax exists if the amount of                           
            the understatement exceeds the greater of 10 percent of the tax                            
            required to be shown on the return, or $5,000.  Sec.                                       
            6661(b)(1)(A).  Generally, the amount of an understatement is                              
            reduced by the portion of the understatement that the taxpayer                             
            shows is attributable to either (1) the tax treatment of any item                          
            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.  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.  Sec. 6661(b)(2)(C)(i)(II).  Second,                               
            disclosure, whether or not adequate, will not reduce the amount                            
            of the understatement.  Sec. 6661(b)(2)(C)(i)(I).                                          
                  Substantial authority exists when "the weight of the                                 
            authorities supporting the treatment is substantial in relation                            
            to the weight of authorities supporting contrary positions."                               
            Sec. 1.6661-3(b)(1), Income Tax Regs.  Petitioner has failed to                            







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Last modified: May 25, 2011