-283- 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.Page: Previous 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 Next
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