Wickie B. Whalen - Page 14

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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.  While the Commissioner bears              
          the burden of production under section 7491(c), the taxpayer                
          bears the burden of proof with regard to reasonable cause.                  
          Higbee v. Commissioner, supra at 446.                                       
               Petitioner has not demonstrated that he failed to                      
          substantiate his claimed deductions in spite of good faith or               
          with reasonable cause.  Petitioner also failed to address at                
          trial the issue of his liability for the accuracy-related                   
          penalty.  Therefore, the Court finds petitioner is liable for an            
          accuracy-related penalty under section 6662.                                
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   

                                                  Decision will be entered            
                                             for respondent.                          







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