- 21 - the foreign tax credits which petitioner claimed with respect to the $20 million dividend that it reported it received from ITC and that that understatement is substantial within the meaning of section 6662(d)(1)(A) and (B). OPINION Petitioner bears the burden of proving that the determina- tion in the notice is erroneous.14 See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 6662(a) imposes an accuracy-related penalty equal to 20 percent of the tax resulting from a substantial understatement of income tax. An understatement is equal to the excess of the amount of tax required to be shown in the tax return over the amount of tax shown in such return, see sec. 6662(d)(2)(A), and is substantial in the case of a corporation if the amount of the understatement for the taxable year exceeds the greater of 10 percent of the tax required to be shown in the tax return for that year or $10,000, see sec. 6662(d)(1)(A) and (B). The amount of the understatement may be reduced to the extent that it is attributable to, inter alia, the tax treatment of an item for which there is or was substantial authority. See sec. 6662(d)(2)(B)(i). The substantial authority standard is an objective standard involving an analysis of the law and the 14Respondent’s examination of the year at issue began before July 23, 1998. We conclude that sec. 7491(c) is not applicable in the instant case.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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