David R. Green and Carolyn B. Green - Page 18

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               Under section 6664(c), no penalty will be imposed with                 
          respect to any portion of any 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.  This            
          determination is based on all of the facts and circumstances.               
          Sec. 1.6664-4(b)(1), Income Tax Regs.  The most important factor            
          is the extent of the taxpayers' effort to assess their proper tax           
          liability for the years at issue.  Sec. 1.6664-4(b)(1), Income              
          Tax Regs.                                                                   
               On the record before us, we find that respondent's                     
          determination of penalties under section 6662(a) is correct.                
          Petitioners filed their 1994 and 1995 returns after Green v.                
          Commissioner, T.C. Summary Opinion 1995-167 was filed on                    
          September 5, 1995.  Petitioners filed their 1994 return on                  
          October 12, 1995.  Notwithstanding our holding that the $18,120             
          payment was not excludable under section 104(a)(2), petitioners             
          nonetheless continued to exclude that amount on their 1994 and              
          1995 returns.  Petitioners offered no reasonable explanation as             
          to its exclusion.  In this regard, we find that petitioners'                
          actions were not those of a reasonable and prudent person under             
          the circumstances.  Accordingly, we sustain respondent's                    
          determination on this issue for 1994 and 1995.                              








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