- 20 - of an underpayment with respect to which it is shown that there was a reasonable cause and that the taxpayer acted in good faith. Sec. 6664(c)(1). The decision as to whether the taxpayer acted with reasonable cause and in good faith depends upon all pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayer's efforts to assess the proper tax liability. Id. 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. Petitioners must establish error in respondent's determination that they are liable for the penalty provided pursuant to section 6662(a). Rule 142(a); Estate of Monroe v. Commissioner, 104 T.C. 352, 366 (1995). As to the penalties determined by respondent in the notice of deficiency, petitioners contend that they are not liable because, at the audit, they produced canceled checks in support of their deductions. Additionally, petitioners argue that respondent required evidence beyond petitioners' checks that, in some cases, was impossible to produce. Finally, petitioners contend that there was no negligence and that they acted in good faith. We conclude that petitioners have not established error in respondent's determination that they are liable for the section 6662(a) penalty. The section 6662(a) penalty does not apply toPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011