Robert G. Ruckman and Julie Ruckman - Page 20

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          Internal Revenue Code]".  Sec. 6662(c).  Under the regulations,             
          negligence is "strongly indicated" where a taxpayer fails to                
          include on an income tax return an amount of income shown on an             
          information return.  Sec. 1.6662-3(b)(1)(i), Income Tax Regs.               
          However, the accuracy-related penalty will not be imposed with              
          respect to any portion of an underpayment if it is shown that               
          there was reasonable cause and that the taxpayer acted in good              
          faith.  Sec. 6664(c)(1).  The determination of whether there was            
          reasonable cause and good faith "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.                                            
               The taxpayer's mental and physical condition, as well as               
          sophistication with respect to the tax laws, at the time the                
          return was filed have been considered in determining whether the            
          negligence penalty should apply.  Gray v. Commissioner, T.C.                
          Memo. 1982-392; see also Carnahan v. Commissioner, T.C. Memo.               
          1994-163 (mentally incapacitated and disabled taxpayer was not              
          liable for various additions to tax including negligence), affd.            
          without published opinion 70 F.3d 637 (D.C. Cir. 1995).                     
               It was Mrs. Ruckman who maintained the books and financial             
          records for both Ruckman, Inc., and petitioners personally, and             
          who provided the information to and consulted with petitioners'             
          accountant for purposes of his preparation of the tax returns of            
          Ruckman, Inc., and petitioners.  Mr. Ruckman testified credibly             
          that he understood very little regarding petitioners' financial             




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