Faramarz and Mitra Elghanian - Page 25

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               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 his               






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