- 23 -23 with reasonable cause and in good faith depends upon the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioners have conceded that they failed to include significant amounts of miscellaneous income, interest income, and capital gain income. Petitioners have offered no evidence that they were not negligent in omitting such items or that they had reasonable cause to do so. Petitioners have offered no evidence that they were not negligent or had reasonable cause to deduct attorney's fees in excess of the amount allowed by respondent or in failing to include any portion of the $37,898 in taxable income. In fact, petitioners' briefs fail to address the negligence issue at all. We cannot be sure that petitioners intended to abandon the issue, but in any case respondent's determination of the applicable penalty must be sustained with respect to the underpayment redetermined herein as petitioners have not met their burden of proof on this matter. Respondent's alternative argument for the substantial understatement penalty is rendered moot by our finding sustaining the negligence penalty. To reflect the foregoing and concessions of the parties, Decision will be entered under Rule 155.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
Last modified: May 25, 2011