Robert M. and Nancy I. Stewart - Page 9




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          greater of 10 percent of the tax required to be shown on the                
          return for the taxable year or $5,000.  Sec. 6662(d)(1)(A).  An             
          understatement is the excess of the tax required to be shown on a           
          return for the taxable year over the amount of the tax imposed              
          which is shown on the return.  Sec. 6662(d)(2)(A).  The                     
          understatement is reduced where the taxpayer has substantial                
          authority for his tax treatment of any items or where the                   
          relevant facts affecting the item’s tax treatment are adequately            
          disclosed in the return or in a statement attached to the return            
          and there is a reasonable basis for such tax treatment.  Sec.               
          6662(d)(2)(B).  Petitioners rely on section 162 and section                 
          1.162-1, Income Tax Regs., as substantial authority for taking              
          their deductions; however, given the particular circumstances of            
          this case, we cannot agree that those authorities represent                 
          substantial authority for petitioners’ deductions.  Further,                
          simply claiming the deductions on the Schedules C attached to               
          their 1995 and 1996 returns does not constitute adequate                    
          disclosure.  Petitioners did not disclose any relevant facts or             
          attach any statement to their returns.  We find a substantial               
          understatement of income tax in this case.                                  
               The accuracy-related penalty is not imposed if the taxpayer            
          shows there was a reasonable cause for the underpayment and that            
          he acted in good faith with respect to the underpayment.  Sec.              
          6664(c)(1).  Mr. Stewart was previously audited by respondent for           






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