- 9 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011