Bruce K. Remy and Gail E. Remy - Page 19

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             The amount of an understatement is reduced by the portion                
             thereof attributable to the tax treatment of any item for                
             which there is or was substantial authority, or of any item              
             with respect to which the relevant facts are adequately                  
             disclosed in the return or on a statement attached to the                
             return.  Sec. 6662(d)(2)(B).                                             
                  Petitioners assert that they meet the requirements of               
             section 6664(c), and that no penalty can be imposed under                
             section 6662(a).  Section 6664(c)(1) provides:                           

                  No penalty shall be imposed under this part 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 regulations promulgated under section 6664(c)(1)                     
             provide as follows:                                                      

                  The determination of whether a taxpayer acted                       
                  with reasonable cause and in good faith is made                     
                  on a case-by-case basis, taking into account all                    
                  pertinent facts and circumstances.  The most                        
                  important factor 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.  [Sec. 1.6664-                       
                  4(b)(1), Income Tax Regs.]                                          









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