Edward S. Cullin - Page 18

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                references are to the Tax Court Rules of Practice and                                    
                Procedure.                                                                               
                      Section 6664(c) provides that no penalty shall be                                  
                imposed with respect to any portion of an underpayment                                   
                if it is shown that there was a reasonable cause for such                                
                portion and that the taxpayer acted in good faith with                                   
                respect to such portion.  The determination of whether this                              
                exception applies is made on a case-by-case basis, taking                                
                into account all pertinent facts and circumstances.  Sec.                                
                1.6664-4(b)(1), Income Tax Regs.  An honest misunderstand-                               
                ing of fact or law that is reasonable in light of all the                                
                facts and circumstances, including the experience,                                       
                knowledge, and education of the taxpayer, can support a                                  
                finding that the taxpayer had reasonable cause and was in                                
                good faith.  Id.  Generally, however, the most important                                 
                factor in determining whether this exception applies is the                              
                extent of the taxpayer's efforts to assess the taxpayer's                                
                proper tax liability.  Id.                                                               
                      Petitioner contends that he relied on "substantial                                 
                authority" and provided "adequate disclosure" of his                                     
                deductions within the meaning of the statute and,                                        
                therefore, should be absolved from the penalty.  Petitioner                              
                also argues that he and respondent merely have an "honest                                
                difference of opinion" with respect to the law and that                                  
                he should be absolved from the penalty on this basis.  We                                




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