- 25 - For 1989, a taxpayer is liable for an accuracy-related penalty in the amount of 20 percent of any part of an underpayment attributable to, among other things, a substantial understatement of income tax. Sec. 6662(a) and (b)(2). The amount of the understatement is reduced by amounts attributable to items (1) for which there was substantial authority for the taxpayer's position, or (2) adequately disclosed on the taxpayer’s return or in a statement attached to the return. Sec. 6662(d)(2)(B). The accuracy-related penalty does not apply to any part of an underpayment for which was a reasonable cause and with respect to which the taxpayer acted in good faith. Sec. 6664(c)(1); sec. 1.6664-4(a), Income Tax Regs. Respondent contends that petitioner is liable for the addition to tax under section 6661(a) for 1988 and the accuracy- related penalty under section 6662(a) for 1989 for substantial understatement of tax. We disagree. Petitioner attached a statement (which he titled a “rider”) to his 1986 amended return. Disclosure is adequate under section 6661(b)(2)(B)(ii) if, inter alia, it is made on a statement that includes a caption identifying the statement as disclosure under section 6661. Sec. 1.6661-4(b) and (c), Income Tax Regs. The statement and the return were sufficient to apprise respondent that the deduction was for an expropriation loss, its amount, and the potential controversy. Petitioner did not refer to section 6661 on hisPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011