Anthony J. and Denise D. Sadberry - Page 20

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          less than the amount required to be shown on the return.  An                
          understatement is “substantial” if it exceeds the 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) and (2).                          
               An understatement may be reduced by the tax attributable to            
          items (1) for which there is or was substantial authority, or (2)           
          for which there was adequate disclosure of the facts relating to            
          the tax treatment and a reasonable basis for the tax treatment.             
          Sec. 6662(d)(2)(B); sec. 1.6662-4(b)(4), Income Tax Regs.                   
          Additionally, the accuracy-related penalty does not apply to any            
          part of an underpayment if the taxpayer shows that there was                
          reasonable cause for that part of the underpayment and that he              
          acted in good faith in view of the facts and circumstances.  Sec.           
          6664(c).  The determination of whether a taxpayer acted with                
          reasonable cause and good faith is made on a case-by-case basis,            
          taking into account all the pertinent facts and circumstances.              
          Sec. 1.6664-4(b)(1), Income Tax Regs.  The taxpayer has the                 
          burden of proving that he acted with reasonable cause and in good           
          faith.  Higbee v. Commissioner, 116 T.C. 438, 446-449 (2001).               
               The Court finds that petitioners lacked substantial                    
          authority for their positions with respect to the distributions             
          in question.  The only circumstance petitioners cited was their             
          reliance on instructions to Form 1040.  The instructions, read in           
          their entirety, do not support the interpretations of petitioners           





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