Rodolfo Garcia, Jr. and Penny A. Garcia - Page 12

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               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment, however, if it is shown            
          that there was reasonable cause for, and that the taxpayer acted            
          in good faith with respect to, that portion.  Sec. 6664(c)(1);              
          sec. 1.6664-4(b), Income Tax Regs.  The determination of whether            
          the taxpayer acted with reasonable cause and in good faith                  
          depends on the pertinent facts and circumstances, including the             
          taxpayer’s efforts to assess his or her proper tax liability and            
          the knowledge and experience of the taxpayer.  Sec.                         
          1.6664-4(b)(1), Income Tax Regs.                                            
               Petitioners argue that the penalty should not apply because            
          they should be able to deduct expenses as other professionals are           
          able to deduct business-related expenses.  Petitioners contend              
          that they incurred these expenses because the school district               
          lacked the funds necessary to develop and improve their teaching            
          abilities as an English teacher and a golf coach.  While the                
          Commissioner bears the burden of production under section                   
          7491(c), taxpayers bear the burden of proof with regard to                  
          reasonable cause.  Higbee v. Commissioner, supra at 446.                    
               We find that petitioners failed to establish that there was            
          reasonable cause for the underpayment.  We recognize that Mr.               
          Garcia may have had good intentions when he joined the country              
          club to give his team a place to practice golf and that some of             
          Mrs. Garcia's expenses were incurred with her students' best                






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