Thomas Joseph and Judith Jane Forristal - Page 5

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          6664(c)(1); sec. 1.6664-4(a), Income Tax Regs.  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.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.  Generally, the most important factor is the extent of            
          the taxpayer’s effort to assess the taxpayer’s proper tax                   
          liability.  Id.                                                             
               Section 7491(c) places on the Commissioner the burden of               
          producing evidence showing that it is appropriate to impose any             
          penalty or addition to tax.  Once the Commissioner meets that               
          burden, the taxpayer must produce evidence sufficient to show               
          that Commissioner’s determination is incorrect.  Higbee v.                  
          Commissioner, 116 T.C. 438, 447 (2001).  The Commissioner need              
          not produce evidence relating to defenses such as reasonable                
          cause.  Id. at 446.                                                         
               Petitioner acknowledges receiving the Form 1099-R but claims           
          that “It got misplaced.”  Even if this is true, there is no                 
          indication petitioner timely contacted UBS PaineWebber for a                
          replacement Form 1099-R or otherwise informed the accounting firm           
          of the retirement income.  Accordingly, we conclude that                    
          respondent has met his burden of production by showing that                 
          petitioners failed to exercise ordinary and reasonable care in              
          preparing their 2001 tax return.  See sec. 6662(c); Gowni v.                
          Commissioner, supra.                                                        






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