IRS EXPLAINS WHEN DISCLOSURE OF AN ITEM OR POSITION TAKEN ON A RETURN IS ADEQUATE FOR REDUCING THE SUBSTANTIAL UNDERPAYMENT PENALTY

Rev. Proc. 85-19

SECTION 1. PURPOSE

01 The purpose of this revenue procedure is to identify, for returns filed in 1985, circumstances under which the disclosure on a taxpayer's return of an item or a position taken, with no specific reference to section 6661 of the Internal Revenue Code, is adequate disclosure for the purpose of reducing the understatement under section 6661.

SEC. 2. BACKGROUND

01 Section 6661(a) of the Code imposes an addition to the tax for substantial understatement. A substantial understatement is defined as an understatement of liability for income tax which exceeds the greater or 10 percent of the amount required to be shown on the return of $5,000 ($10,000 in the case of a corporation other than an S corporation or a personal holding company). Under section 6661(b)(2) of the Code an understatement is defined as the excess of the amount of tax required to be shown on the return for the taxable year over the amount of the tax imposed which is shown on the return (reduced by any rebate within the meaning of section 6211(b)(2)).

02 In the case of an item not attributable to a tax shelter, the amount of the understatement is reduced if the taxpayer discloses in the return or an attachment thereto the identify and amount of the item as well as the specific facts or the position taken relevant to the tax treatment of the item. Disclosure on a return of items attributable to a tax shelter will not reduce an understatement.

03 Under section 6661(c) of the Code, the Secretary may waive all or part of the addition to the tax provided by section 6661(a) if the taxpayer shows that there was reasonable cause for the understatement and that the taxpayer acted in good faith.

04 In general, rules providing guidance on the adequacy of disclosure for purposes of reducing an understatement under section 6661 of the Code will be set forth in regulations. The Commissioner has determined that under certain circumstances described below in section 3 of this revenue procedure, disclosure of an item on the return with no further statement is adequate disclosure for purposes of section 6661, provided the taxpayer furnishes all required information in accordance with the applicable forms and instructions. This revenue procedure provides guidelines as to when such disclosure is adequate. Guidance for returns filed in 1983 and 1984 was provided by Rev. Proc. 83-21, 1983-1 C.B. 680, and Rev. Proc. 84-19, 1984-1 C.B. 433.

SEC. 3. PROCEDURE

Additional disclosure of facts relevant to, or positions with respect to, issues involving any of the items set forth below is unnecessary for purposes of reducing any understatement of tax under section 6661 of the Code provided, however, the forms and attachments are completed in a clear manner and in accordance with the instructions thereto, and the information on the return is disclosed in the manner described below:

(a) Schedule A, Form 1040, Itemized Deductions:

(1) Medical Expenses: Complete lines 1-5 supplying all required information. Line 2c must be itemized listing each item and its cost.

(2) Taxes: Complete lines 6-10 supplying all required information. Line 9 must list each type of tax and amount paid.

(3) Interest Expense: Complete lines 11-14 supplying all required information. Line 13 must list the type of expense and the amount paid. This section 3(a)(3) does not apply to amounts disallowed under section 163(d) of the Code unless Form 4952, Investment Interest Expense Deduction, is completed, or to any amount disallowed under section 265.

(4) Contributions: Complete lines 15-18 supplying all required information. If a contribution of property other than cash is made, the statement required by the Schedule A instructions must be attached to the return.

(5) Casualty and Theft Losses: Form 4684, Casualties and Thefts, must be completed and attached to the return. Each item or article for which a casualty or theft loss is claimed must be listed on Form 4684.

(b) Trade or Business Expenses:

(1) Casualty and Theft Losses: The procedure outlined in Sec. 3(a)(5) above, must be followed.

(2) Legal Fees: The amount paid must be stated.

(3) Specific Bad Debt Charge-off: The amount written off must be stated.

(4) Reserve for Bad Debts: Question K, Form 1120A; Schedule F, Form 1220; or required attached statement, Form 1120S; must be completed, supplying all required information.

(5) Reasonableness of Officers' Compensation: Schedule E, Form 1120 must be completed where required by instructions. The time devoted to business must be expressed as a percentage as opposed to "part" or "as needed". This section 3(b)(5) does not apply to "golden parachute" compensation prohibited by section 280G of the Code.

(6) Repair as Opposed to Capital Expenditure: The amount of repairs stated.

(7) Taxes (other than foreign taxes): The amount of taxes stated. (c) Schedule M-1, Form 1120, Reconciliation of Income Per Books With Income Per Return:

An item clearly identified on Schedule M-1, Form 1120, but only if,

(1) The amount of the deviation from the financial books and records is not the result of a computation that includes the netting of several items; and

(2) The information provided reasonably may be expected to apprise the Internal Revenue Service of the nature of the potential controversy concerning the tax treatment of the item.

(d) Other:

(1) Sale or Exchange of Principal Residence: Complete Form 2119, Sale or Exchange of Principal Residence, or similar statement containing the same information, and attach to the return.

(2) Employee Business Expenses: Complete Form 2106, Employee Business Expenses, or similar statement containing the same information, and attach to the return.

(3) Moving Expenses: Complete Form 3903, Moving Expense Adjustment, or similar statement containing the same information, and attach to the return.

(4) Jobs Credit and WIN credit carryovers: Amounts shown on Form 5884, Jobs Credit.

(5) Gasoline and special fuels credit: Amounts shown on Form 4136, Computation of Credit for Federal Tax on Gasoline and Special Fuels.

(e) Foreign Tax Items:

(1) International boycott transactions: Transactions disclosed on Form 5713, International Boycott Report.

(2) Subpart F income: Amounts shown on Form 5471, Information Return with Respect to A Foreign Corporation, and Schedule J.

(3) Intercompany transactions: Transactions and amounts shown on Form 5471. Schedule M.

(4) With respect to foreign taxes paid or accrued, additional disclosure is unnecessary if Form 1118, Computation of Foreign Tax Credit--Corporations, Schedule B, Part I, Item 4, and Schedule C, Item 6, Schedules D, and E, Item 5, as appropriate, are completed, supplying all information called for AND attaching the evidence required by section 1.905-2 of the regulations (receipts for the payment of the foreign tax or a copy of the foreign tax return).

SEC. 4. EFFECTIVE DATE

This revenue procedure is effective for returns filed in 1985, the due date (regardless of extensions) for filing of which is after December 31, 1984.