Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 212

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          6662(d)(2)(C)(iii), and petitioner must demonstrate a reasonable            
          belief that SMP’s and Corona’s tax treatment of the transactions            
          in question was more likely than not the proper treatment.  Given           
          Mr. Lerner’s education, sophistication, and tax experience, as              
          well as the particular circumstances of these cases, we do not              
          believe that there was such a reasonable belief.                            
               A taxpayer is considered reasonably to believe that the tax            
          treatment of an item is more likely than not the proper tax                 
          treatment if the taxpayer reasonably relies in good faith on the            
          opinion of a professional tax adviser; and if the opinion is                
          based on the tax adviser’s analysis of the pertinent facts and              
          authorities and unambiguously states that the tax adviser                   
          concludes that there is a greater than 50-percent likelihood that           
          the tax treatment of the item will be upheld if challenged by the           
          IRS.  Sec. 1.6662-4(g)(4)(B), Income Tax Regs.  None of the tax             
          opinions that petitioner purportedly relied upon in preparing               
          SMP’s and Corona’s partnership tax returns unambiguously state              
          that there is a greater than 50-percent likelihood that the tax             
          treatment of the transactions at issue in these cases would be              
          upheld if challenged by the IRS.  Moreover, for the reasons                 
          discussed below, we conclude that Mr. Lerner did not reasonably             
          rely on those opinions.  We conclude that petitioner did not have           
          substantial authority for his tax treatment of the transactions             
          at issue.                                                                   






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