- 109 - of the underpayment attributable to negligence or disregard of rules or regulations, any substantial understatement of income tax, or any substantial valuation overstatement. See sec. 6662(b)(1)-(3). The section 6662 accuracy-related penalty does not apply with respect to any portion of an underpayment if reasonable cause exists for the underpayment and the taxpayer acted in good faith with respect to such portion. Sec. 6664(c)(1). The determination of whether the taxpayer acted with reasonable cause and in good faith depends upon the pertinent facts and circumstances. Sec. 1.6664-4(b), Income Tax Regs. The most important factor in determining reasonable cause is the extent of the taxpayer's effort to assess the proper tax liability. Sec. 1.6664-4(b), Income Tax Regs. In our judgment, Jacobs acted with reasonable cause and in good faith when he claimed the charitable contribution deduction for his donation of the Redwood City Fox. Accordingly, we hold that he is not liable for the section 6662 accuracy-related penalties for 1989 and 1990. To reflect the foregoing, Decisions will be entered under Rule 155.Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109
Last modified: May 25, 2011