Allen Burditt II and Sarah Maunee S. Burditt - Page 31




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          Income Tax Regs.  An understatement of tax is substantial if it             
          exceeds the greater of 10 percent of the tax required to be shown           
          in the return or $5,000.  See sec. 6662(d)(1)(A)(i) and (ii).               
               The penalty for negligence or disregard of rules or                    
          regulations or for the substantial understatement of income tax             
          is inapplicable, however, to any portion of the underpayment for            
          which the taxpayer can show that he acted in good faith and had             
          reasonable cause.  See sec. 6664(c)(1).  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 the                
          relevant facts and circumstances.  See sec. 1.6664-4(b)(1),                 
          Income Tax Regs.  A taxpayer may demonstrate reasonable cause if            
          he can show that he relied in good faith on a qualified adviser             
          after full disclosure of all necessary and relevant information.            
          See Jackson v. Commissioner, 86 T.C. 492, 539-540 (1986), affd.             
          864 F.2d 1521 (10th Cir. 1989); Paula Constr. Co. v.                        
          Commissioner, 58 T.C. 1055, 1061 (1972), affd. without published            
          opinion 474 F.2d 1345 (5th Cir. 1973); sec. 1.6664-4(b)(1),                 
          Income Tax Regs.                                                            
               Petitioners assert they have shown reasonable cause because            
          their return was prepared by a certified public accountant.                 
          Other than petitioner’s self-serving testimony that the                     
          accountant was “aware of the settlement”, there is no evidence in           
          the record concerning the information that was provided to the              





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