Thomas J. Rosser - Page 17




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          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 in            






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