James J. McCarron III and Michelle McCarron - Page 19

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          1.6662-3(b)(1), Income Tax Regs.  The term "disregard" includes             
          any careless, reckless, or intentional disregard.  Sec. 6662(c).            
               No penalty shall be imposed if it is shown that there was              
          reasonable cause for the underpayment and the taxpayer acted in             
          good faith with respect to the underpayment.  Sec. 6664(c).  The            
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith is made on a case-by-case basis, taking into              
          account all pertinent facts and circumstances.  The most                    
          important factor is the extent of the taxpayer's effort to assess           
          the taxpayer's proper tax liability.  "Circumstances that may               
          indicate reasonable cause and good faith include an honest                  
          misunderstanding of fact or law that is reasonable in light of              
          * * * the experience, knowledge and education of the taxpayer."             
          Sec. 1.6664-4(b)(1), Income Tax Regs. (emphasis added); see                 
          Reynolds v. Commissioner, 618 296 F.3d 607, 618 (7th Cir. 2002),            
          affg. T.C. Memo. 2000-20.  This subjective analysis operates, in            
          effect, to hold knowledgeable tax professionals to a higher                 
          standard of care than a regular taxpayer.  See Reynolds v.                  
          Commissioner, supra at 618 ("experience, knowledge and education"           
          proviso was fatal to taxpayer who was attorney, C.P.A., and IRS             
          audit supervisor); Knoll v. Commissioner, T.C. Memo. 2003-277               
          (lawyer experienced in tax-advantaged financing liable for                  
          accuracy-related penalty for negotiating and structuring                    
          settlement agreement to secure tax advantages valid in form but             






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