- 24 - would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). However, under section 6664(c), no penalty shall be imposed under section 6662(a) 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 Commissioner's determination is presumptively correct and will be upheld unless the taxpayer is able to rebut the presumption. Luman v. Commissioner, 79 T.C. 846, 860-861 (1982); Bixby v. Commissioner, 58 T.C. 757 (1972); Reily v. Commissioner, 53 T.C. 8 (1969). In the notice of deficiency, respondent applied the section 6662(a) penalty to "all of the underpayment of tax" for each of the years at issue, due to petitioner's "negligence or intentional disregard of rules or regulations". With regard to those adjustments conceded by petitioner and those sustained by this Court, petitioner presented no evidence to show that she used due care in failing to report interest income, claiming dependency exemptions, claiming head-of- household filing status, and claiming the casualty loss deduction, nor did she present evidence to show that she had reasonable cause to omit such items of income and claim such exemptions, deductions, and filing status.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011