Compaq Computer Corporation and Subsidiaries - Page 21




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               The accuracy-related penalty does not apply with respect to            
          any portion of an underpayment if it is shown that there was                
          reasonable cause for such portion of an underpayment and that the           
          taxpayer acted in good faith with respect to such portion.  See             
          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.  See sec. 1.6664-4(b)(1),                
          Income Tax Regs.  The most important factor is the extent of the            
          taxpayer's effort to assess the proper tax liability for the                
          year.  See id.                                                              
               Respondent argues that petitioner is liable for the                    
          accuracy-related penalty because petitioner negligently                     
          disregarded the economic substance of the ADR transaction;                  
          petitioner failed to meet its burden of proving that the                    
          underpayment was not due to negligence; and petitioner failed to            
          offer evidence that there was reasonable cause for its return               
          position for the ADR transaction or that it acted in good faith             
          with respect to such item.  Petitioner argues that there is no              
          basis for a negligence penalty because the return position was              
          reasonable, application of the economic substance doctrine to the           
          ADR transaction is "inherently imprecise", and application of the           
          economic substance doctrine to disregard a foreign tax credit               
          raises an issue of first impression.  We agree with respondent.             







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