- 53 - the tax return less the amount of tax shown in the tax return, see sec. 6662(d)(2)(A), and is substantial in the case of an in- dividual if it exceeds the greater of 10 percent of the tax required to be shown or $5,000, see sec. 6662(d)(1)(A). The amount of the understatement is reduced to the extent that it is attributable to an item for which there was substantial author- ity. See sec. 6662(d)(2)(B)(i).6 The accuracy-related penalty under section 6662(a) does not apply to any portion of an underpayment if it is shown that there was reasonable cause for such portion and that the taxpayer acted in good faith. 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 efforts to assess his or her proper tax liability. See id. Reliance on the advice of a professional, such as an accountant, does not necessarily dem- onstrate reasonable cause and good faith unless, under all the circumstances, such reliance was reasonable and the taxpayer acted in good faith. See id. In the case of claimed reliance on the accountant who prepared the taxpayer's tax return, the 6The amount of the understatement also is reduced to the extent that it is attributable to an item that was adequately disclosed in the tax return and was treated by the taxpayer in a manner having a reasonable basis. See sec. 6662(d)(2)(B)(ii).Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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