- 25 - the deficiency in 1989 that is not attributable to the gross valuation misstatement, discussed above. C. Substantial Understatements of Income Tax With respect to petitioners’ taxable years 1984, 1985, 1987, and 1988, section 6661(a) imposes an addition to tax on any underpayment attributable to a substantial understatement of income tax. A substantial understatement of income tax exists if the amount of an understatement in a taxable year exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the return. Sec. 6661(b)(1)(A). An understatement, in turn, is defined generally as the excess of the amount of tax required to be shown on the return over the amount of tax shown. Sec. 6661(b)(2)(A). The amount of an understatement is reduced in certain situations where a taxpayer has substantial authority for the treatment of an item, or where the taxpayer adequately discloses the relevant facts affecting the treatment of that item. Sec. 6661(b)(2)(B). However, in the case of any item attributable to a “tax shelter”, as defined in section 6661(b)(2)(C)(ii), the adequate disclosure exception does not apply, and in order for the substantial authority exception to apply the taxpayer must reasonably believe that the treatment of the item was more likely than not the proper treatment. Sec. 6661(b)(2)(C). Finally, the Secretary has the discretion to waive all or part of the sectionPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011