Juanita Carter - Page 24

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          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.                                  







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