- 20 - and final regulations issued pursuant to the Code. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. The accuracy-related penalty does not apply to any portion of an underpayment with respect to which it is shown that there was a reasonable cause and that the taxpayer acted in good faith. Sec. 6664(c)(1). The decision as to whether the taxpayer acted with reasonable cause and in good faith depends on all pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayer's efforts to assess the proper tax liability. Id. 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. Id. Petitioner bears the burden of proof. Rule 142(a); ASAT Inc. v. Commissioner, 108 T.C. 147, 175 (1997). As to the disallowed deductions for 1993 and 1994, petitioner failed to prove that her lack of substantiation was in good faith or due to reasonable cause. Similarly, petitioner failed to show that she acted in good faith and due to reasonable cause in underreporting her income for both years in issue. Therefore, we hold that an accuracy-related penalty attributable to such amounts is appropriate. However, we hold that the accuracy-related penalty does not apply to the portion of the underpayment attributable to petitioner's claimed exemption on behalf of Jasmine and BrandyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011