- 6 - 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 taxpayers' effort to assess their proper tax liability for the year. Id. Petitioners prepared their 1991 Federal income tax return. Although we found petitioner to be a credible witness, the record fails to establish that petitioners acted with reasonable cause and in good faith in assessing whether petitioner's Social Security disability benefits were taxable. Social Security disability payments have been subject to tax since 1984. The record shows that respondent has challenged petitioner's failure to include his Social Security disability benefits as taxable income in the past. Other than their reliance on the Form 886-A, petitioners offered no proof that they made good faith efforts to assess their proper tax liability. Based on this record, we conclude that petitioners are liable for the section 6662 accuracy-related penalty. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011