- 10 - Harchester Realty Corp. v. Commissioner, supra; cf. Vaira v. Commissioner, supra (unpaid appraisal fees); Landreth v. Commissioner, T.C. Memo. 1985-413, affd. in part, revd. in part and remanded 859 F.2d 643 (9th Cir. 1988) (unpaid legal fees). Accuracy-Related Penalty Section 6662 imposes an accuracy-related penalty of 20 percent of the portion of the underpayment of tax attributable to any substantial understatement of income tax. Sec. 6662(a) and (b)(2). There is no question that the understatement of tax involved herein is substantial under section 6662(d)(1)(A). The accuracy-related penalty will not 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. Sec. 6664(c). The determination of whether a taxpayer acted with reasonable cause and in good faith depends upon the facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayer's effort to determine the taxpayer's proper tax liability. Id. Generally, the taxpayer cannot avoid the duty of filing accurate returns by placing responsibility on a tax return preparer. Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987). Reliance on the advice of a professional does notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011