Stephen Neal Swihart - Page 8

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          shown that there was reasonable cause for such portion and that             
          the taxpayer acted in good faith with respect to such portion.              
          The determination of whether a taxpayer acted with reasonable               
          cause and in good faith is made on a case-by-case basis, taking             
          into account all pertinent facts and circumstances.  Sec. 1.6664-           
          4(b)(1), Income Tax Regs.  Circumstances that may indicate                  
          reasonable cause and good faith include an honest                           
          misunderstanding of fact or law that is reasonable in light of              
          all of the facts and circumstances.  Id.                                    
               With regard to the underpayment due to the underreporting of           
          income, we are convinced that petitioner acted with reasonable              
          cause and in good faith.  During the year in issue, Key                     
          repeatedly changed the method by which it compensated petitioner.           
          Petitioner undoubtedly relied upon an information return,                   
          prepared by Key, when he prepared his 1994 income tax return.               
          The information return prepared by Key failed to disclose his               
          commission income.  Reliance on an information return can                   
          constitute reasonable cause and good faith if such reliance is              
          reasonable and the taxpayer acted in good faith.  Id.  Given the            
          facts and circumstances of this case, including petitioner's                
          confusion about his tax obligations during the period in issue,             
          we find that petitioner acted with reasonable cause and good                
          faith when he failed to report the commission income.                       







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