Fred Henry - Page 53




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          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).               





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