- 18 - references are to the Tax Court Rules of Practice and Procedure. Section 6664(c) provides that no penalty shall be imposed with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. The determination of whether this exception applies is made on a case-by-case basis, taking into account all pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. An honest misunderstand- ing of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge, and education of the taxpayer, can support a finding that the taxpayer had reasonable cause and was in good faith. Id. Generally, however, the most important factor in determining whether this exception applies is the extent of the taxpayer's efforts to assess the taxpayer's proper tax liability. Id. Petitioner contends that he relied on "substantial authority" and provided "adequate disclosure" of his deductions within the meaning of the statute and, therefore, should be absolved from the penalty. Petitioner also argues that he and respondent merely have an "honest difference of opinion" with respect to the law and that he should be absolved from the penalty on this basis. WePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011