- 24 - disregard." Sec. 6662(b). A taxpayer has the burden of proving that the Commissioner's determination of an addition to tax is in error. Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). The accuracy-related penalty of section 6662 does not apply to any portion of an underpayment if there was reasonable cause for such portion and the taxpayer acted in good faith. Sec. 6664(c)(1). The most important factor is the extent of the taxpayer's efforts to assess his proper tax liability for the year. Sec. 1.6664-4(b)(1), Income Tax Regs. Such a determination is made by taking into account all facts and circumstances, including the experience, knowledge, and education of the taxpayer. Id. Reliance by the taxpayer on the advice of a qualified adviser will constitute reasonable cause and good faith if, under all of the facts and circumstances, such reliance was reasonable and the taxpayer acted in good faith. Id. On their 1989 Federal income tax return, petitioners reported no gain from the sale on 20 The Point, rolling over a gain of $341,710. Later, petitioners agreed to the revenue agent's recalculation of gain to be $503,250. Petitioners assert that they believed they were entitled to the benefits of section 1034; yet they presented little evidence to support their belief. Petitioners argue that their actions in establishing 20 The Point as their principal residence and making the subsequent sale were in "ignorance" of the existence of the Internal Revenue Code provisions.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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