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Glossary/Substantial authority

What is Substantial authority?

In short

A tax position has substantial authority when the weight of authorities supporting it is substantial compared with those against it, often described as roughly a 40% chance of being upheld. It avoids the substantial understatement penalty without disclosure.

Key takeaways

  • A weaker position with a reasonable basis (about 20%) avoids the penalty only if disclosed; tax shelters need more likely than not.
  • Authorities include the Code, regulations, court cases, revenue rulings and private letter rulings, but not treatises or articles.
  • Preparers use the same standards to avoid preparer penalties.

Where it's tested

TCP: Tax Research & Documentation — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

A tax practitioner finds a Private Letter Ruling issued to another taxpayer that directly supports the client's intended position. How should the practitioner treat it?

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