William G. and Debra C. Kellen - Page 29




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         the existence of substantial authority, a taxpayer must show that            
         he or she reasonably believed that the tax treatment claimed was             
         more likely than not the proper treatment.  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).                                                         
              Petitioner appears to concede that there was a substantial              
         understatement of tax within the meaning of section 6661(a).24               
         Petitioner does not contend, however, that there was substantial             
         authority supporting the deduction of the partnership loss that              
         he claimed on his return, nor does petitioner contend that there             
         was adequate disclosure of the facts related to that loss.                   
         Rather, petitioner contends that he should be absolved of                    
         liability for the addition to tax by virtue of section 6661(c).              
              Section 6661(c) vests the Commissioner with discretion to               
         waive the addition to tax under section 6661(a) if the taxpayer              
         shows that he or she acted with reasonable cause and in good                 
         faith.  The Commissioner’s failure to waive the addition to tax              
         is reviewed by this Court for abuse of discretion.  Martin Ice               
         Cream Co. v. Commissioner, 110 T.C. 189, 235 (1998).                         


               24 We note that the understatement of tax on which                     
          respondent determined the addition to tax is $13,710.  The amount           
          required to be shown as tax on petitioner’s return is $41,080.              
          The understatement is therefore “substantial” because it exceeds            
          the greater of 10 percent of the amount required to be shown on             
          the return, or $5,000.  Sec. 6661(a).                                       





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