- 17 - to 1994. We conclude that the exception under section 6662(d)(2)(B)(i) does not apply. The amount of the understatement is reduced for any item that is adequately disclosed in the taxpayer’s return, or in a statement attached to the return, if there is reasonable basis for the taxpayer’s treatment of the item. See sec. 6662(d)(2)(B)(ii). The mere claiming of a deduction is not disclosure for purposes of section 6662(d)(2)(B)(ii)(I). See Accardo v. Commissioner, 942 F.2d 444, 453 (7th Cir. 1991) (taxpayer's statement that his deduction of $207,000 was for "Legal fees re conservation of property held for production of income" is not disclosure for purposes of section 6662(b)(2)(B)(ii)(I)), affg. 94 T.C. 96 (1990); Schirmer v. Commissioner, 89 T.C. 277, 285-286 (1987) (mere reporting of income and deductions does not constitute disclosure of relevant facts). Here, deducting net operating losses carried forward from 1991 and 1993 to 1994 is not adequate disclosure under section 6662(d)(2)(B)(ii)(I). Thus, petitioner did not adequately disclose the nature of the net operating loss carryforward controversy for purposes of section 6662(d)(2)(B)(ii)(I). We conclude that petitioner is liable for the accuracy- related penalty under section 6662(a) for any part of the underpayment for 1993 and 1994 to the extent the underpayment inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011