- 9 - rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. However, section 6664(c)(1) provides that the penalty under section 6662(a) shall not apply to any portion of an underpayment, if it is shown that there was reasonable cause for the taxpayer's position with respect to that portion and that the taxpayer acted in good faith with respect to that portion. Sec. 6664(c)(1). The determination of whether a taxpayer acted with reasonable cause and in good faith within the meaning of section 6664(c)(1) is made on a case-by-case basis, taking into account all the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayer's effort to assess his proper tax liability for the year. Id. Reliance by the taxpayer on the advice of a qualified adviser will constitute reasonable cause and good faith, if, under all of the facts and circumstances, the reliance by the taxpayer was reasonable and the taxpayer acted in good faith. Id. Petitioner had his 1992 Federal return prepared by a paid tax preparer and electronically timely filed based on information provided by petitioner. There is no evidence before us that petitioner's negligence was a result of his reasonable reliance on a qualified adviser. At trial, petitioner made no attempt to substantiate the amounts disallowed as required by section 6001. Furthermore, petitioner's testimony was vague and inconsistent.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011