- 16 - 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).6 The understatement of tax of $5,124 on petitioners’ return is greater than $5,000 and is greater than 10 percent of the tax required to be shown on the return, or $1,614. Consequently, it is a substantial understatement of tax. Sec. 6661(b)(1)(A). Petitioners first argue that there was substantial authority for claiming the loss. Substantial authority exists when “the weight of authorities supporting the treatment is substantial in relation to the weight of the authorities supporting contrary positions.” Sec. 1.6661-3(b)(1), Income Tax Regs. Petitioners argue that at the time they claimed the loss no authority existed indicating that deducting the loss was improper. Lack of authority, however, necessarily cannot provide the substantial authority required under the statute and regulations. See, e.g., Hunt v. Commissioner, T.C. Memo. 2001-15; Robnett v. Commissioner, T.C. Memo. 2001-17. Petitioners also point to the 6As a result of our findings, discussed below, we need not decide whether the tax shelter provisions are applicable in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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