- 19 - 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.]Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011