William C. and Josephine Houchin - Page 16

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                    1.  William C. and Josephine Houchin                              
               Respondent determined an accuracy-related penalty under                
          section 6662(a) of $53,532 with regard to petitioners William C.            
          and Josephine Houchin’s 1999 Federal income tax.9  It is clear              
          from the record that William and Josephine Houchin provided their           
          accountant, Jim Garner, all records and information necessary to            
          prepare their 1999 Federal income tax return.  Mr. Garner                   
          conversed with William and Josephine Houchin to determine the               
          correct treatment of the settlement agreement proceeds.  William            
          and Josephine Houchin relied upon Mr. Garner to prepare the                 
          return, and Mr. Garner was aware of William and Josephine                   
          Houchin’s reliance.  It is clear from the record that William and           
          Josephine Houchin reasonably relied in good faith on their                  
          accountant.  We conclude that for the year in issue William and             
          Josephine Houchin had reasonable cause and acted in good faith as           
          to any underpayment resulting from the settlement agreement                 
          proceeds.  Accordingly, we hold that William and Josephine                  
          Houchin are not liable for the penalty pursuant to section                  
          6662(a).                                                                    
                                                                                     


               9  Because we find for respondent with regard to the                   
          recognition of income by W.C. Houchin Corp. in 1998, we need not            
          decide the deficiency issued to William and Josephine Houchin for           
          the year 1999 as petitioner and respondent stipulated the                   
          treatment of the adjustments asserted in the notice of                      
          deficiency.                                                                 




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