Amaro A. Taibo - Page 16

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          the issue as to the taxability of Johnston Island wages.  We do             
          not regard petitioner’s treatment on his 2000 individual Federal            
          income tax return of his Johnston Island wages as negligent.                
               We turn to the question of whether petitioner’s tax return             
          treatment of his Johnston Island wages constituted a substantial            
          understatement giving rise to the accuracy-related penalty.  The            
          grounds on which a substantial understatement may be reduced                
          include tax treatments that are based on adequate disclosure and            
          a reasonable basis.  Sec. 6662(d)(2)(B)(ii).                                
               The disclosure made on petitioner’s 2000 Federal income tax            
          return, as reflected on petitioner’s retained copy of such                  
          return, constitutes adequate disclosure for purposes of                     
          section 6662(d)(2)(B)(ii).  Respondent provides no explanation              
          for the incomplete nature of respondent’s printout of                       
          petitioner’s 2000 individual Federal income tax return.  In                 
          deciding this disclosure issue, particularly in light of                    
          respondent’s burden of production on this penalty, we believe it            
          appropriate to rely on the information reflected on petitioner’s            
          retained copy of his 2000 individual Federal income tax return.             
          On the facts of this case, the disclosure issue is resolved in              
          favor of petitioner.                                                        
               With regard to reasonable basis, we incorporate our                    
          discussion above and conclude that petitioner, on his 2000                  
          individual Federal income tax return, had a reasonable basis for            






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