Joseph P. and Mary B. McDonald - Page 18




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          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).5                          
               The understatement of tax of $15,285 on petitioners’ return            
          is greater than $5,000 and is greater than 10 percent of the tax            
          required to be shown on the return.  Consequently, it is a                  
          substantial understatement of tax.  Sec. 6661(b)(1)(A).                     
          Petitioners concede (and we likewise find) that they neither had            
          substantial authority nor made adequate disclosure with respect             
          to claiming the Arid Land loss as a deduction.  Petitioners’ sole           
          argument is that they acted with reasonable cause and in good               
          faith in claiming the loss.                                                 
               Section 6661(c) provides the Secretary with the discretion             
          to waive the section 6661(a) addition to tax if the taxpayer                
          shows he acted with reasonable cause and in good faith.                     
          Generally, we review the Secretary’s failure to waive the                   
          addition to tax for abuse of discretion.  Martin Ice Cream Co. v.           
          Commissioner, 110 T.C. 189, 234-235 (1998).  Nothing in the                 
          record indicates petitioner requested a waiver for good faith and           
          reasonable cause under section 6661(c).  In the absence of such a           
          request, we cannot review respondent’s determination for an abuse           
          of discretion.  See id.  We nevertheless point out that, for the            

          5As a result of petitioners’ concessions and our findings,                  
          discussed below, we need not decide whether the tax shelter                 
          provisions are applicable in this case.                                     





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