-11- an underpayment if there was reasonable cause for such portion and the taxpayer acted in good faith. Sec. 6664(c)(1). Such a determination is made by taking into account all facts and circumstances, including the experience, knowledge, and education of the taxpayer and reliance on a professional tax adviser. Sec. 1.6664-4(b)(1), Income Tax Regs. With regard to the instant case, petitioners' real estate agent suggested that Mr. De Ocampo's parents purchase the Montclair property and obtain a mortgage because petitioners had credit problems. Petitioners informed their tax return preparer that they did not hold title to the Montclair property. They relied on the preparer to properly report the transaction, and indeed the transaction was reported on Form 2119. Petitioners made mortgage, insurance, and tax payments on the Montclair property, as though they were the owners. Under the facts and circumstances presented herein, we believe that petitioners acted in good faith and with reasonable cause in reporting the transaction. We therefore hold that petitioners are not liable for the accuracy-related penalty. To reflect the foregoing, Decision will be entered for respondent as to the deficiency, and for petitioners as to the accuracy-related penalty under section 6662(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011