-62- if it is shown that there was a reasonable cause for such position and that the taxpayer acted in good faith with respect to such position. Under section 1.6664-4(b)(1), Income Tax Regs., the most important factor in determining whether a taxpayer has acted with reasonable cause and good faith is the extent of the taxpayer's effort to assess the taxpayer's proper tax liability. Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge, and education of the taxpayer. Id. We have already found that the positions taken on the return filed by Jack, an experienced attorney in tax matters, have no support in fact or law. Nor can we find that the positions taken on the return are the result of an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge and education of the taxpayer. Thus, considering all the facts and circumstances, we do not find that petitioner acted with reasonable cause and in good faith. Petitioner asserts in the alternative, that the accuracy- related penalty should not be imposed because it disclosed its positions on the return. No penalty under section 6662(b)(1) may be imposed on any portion of an underpayment that is attributable to negligence ifPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011