- 12 - An exception applies to the accuracy-related penalty when the taxpayer demonstrates (1) there was reasonable cause for the underpayment, and (2) he acted in good faith with respect to such underpayment. See sec. 6664(c). Whether the taxpayer acted with reasonable cause and in good faith is determined by the relevant facts and circumstances. The most important factor is the extent of the taxpayer's effort to assess his or her proper tax liability. See Stubblefield v. Commissioner, T.C. Memo. 1996- 537; sec. 1.6664-4(b)(1), Income Tax Regs. Section 1.6664- 4(b)(1), Income Tax Regs., specifically provides: "Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of * * * the experience, knowledge and education of the taxpayer." It is the taxpayer's burden to establish he is not liable for the accuracy-related penalty imposed by section 6662(a). See Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989). Petitioner claimed a loss carryover in the amount of $3,313,240 and a charitable contribution deduction in the amount of $2,024 in 1994 and failed to substantiate the claimed deduction under the requirements of section 6001 and the applicable regulations. Petitioner is an attorney with knowledge of the law. On the basis of the entire record, we conclude that petitioners have not established the underpayment was due to reasonable cause and thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011