David O. Alegria - Page 10

                                        - 9 -                                         
               By virtue of section 7491(c), respondent has the burden of             
          production with respect to the accuracy-related penalty.  To meet           
          this burden, respondent must produce sufficient evidence                    
          indicating that it is appropriate to impose the penalty.  Higbee            
          v. Commissioner, 116 T.C. at 446.  Once respondent meets this               
          burden of production, the taxpayer has the burden of proof with             
          regard to whether respondent’s determination of the penalty is              
          correct.  Rule 142(a); Higbee v. Commissioner, supra.  As a                 
          defense to the penalty, the taxpayer bears the burden of proving            
          that he or she acted with reasonable cause and in good faith.               
          See sec. 6664(c)(1); see also Higbee v. Commissioner, supra; sec.           
          1.6664-4(b)(1), Income Tax Regs.                                            
               Respondent satisfied his burden of production under section            
          7491(a)(1) because the record shows that petitioner substantially           
          understated his income tax for 2001.  See sec. 6662(d)(1)(A)(ii);           
          Higbee v. Commissioner, supra at 442.  Accordingly, petitioner              
          bears the burden of proving that the accuracy-related penalty               
          should not be imposed with respect to any portion of the                    
          understatement for which he acted with reasonable cause and in              
          good faith.  See sec. 6664(c)(1); Higbee v. Commissioner, supra             
          at 446.                                                                     
               Although the issue may not be free from doubt, we are                  
          satisfied, based on the totality of the facts and circumstances             
          in the instant case, that petitioner had reasonable cause to                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011