- 25 - the taxpayer acted in good faith. Petitioners have the burden of persuading the Court that in refusing to waive this addition to tax, respondent has exercised this discretion "arbitrarily, capriciously, or without sound basis in fact." Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988). In determining whether petitioners had reasonable cause and acted in good faith, the Court primarily looks to the extent of the taxpayers' efforts to assess their proper tax liability. Id. at 1084; sec. 1.6661-6(b), Income Tax Regs. Petitioners attempt to blame their accountant for all their underreporting. The cause of petitioners' problems is an absence of record keeping and an unexplained failure to provide even the most basic documentary evidence, such as canceled checks, Forms 1098, invoices, and promissory notes. These shortcomings are not the fault of petitioners' accountant; he was not hired to perform these services. Dr. Rao testified that he did not even examine the tax returns before signing them; he cannot now claim that such action is reasonable and in good faith. We hold that the Commissioner did not abuse her discretion in not waiving the substantial understatement addition to tax under section 6661. 5. Negligence For 1986 and 1987, section 6653(a)(1)(A) generally imposes an addition to tax equal to 5 percent of the entire underpayment if any part of it was due to negligence or disregard of rules orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011