- 17 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011