Eddie Mills, Jr. - Page 19




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          was not entitled to head of household filing status was                     
          reasonable.                                                                 
          Accuracy-Related Penalty Under Section 6662                                 
               Section 6662 imposes a penalty equal to 20 percent of the              
          portion of the underpayment of tax attributable to negligence or            
          disregard of rules or regulations.  See sec. 6662(a) and (b)(1).            
          Negligence is defined as any failure to make a reasonable attempt           
          to comply with the provisions of the Internal Revenue Code, and             
          the term "disregard" includes any careless, reckless, or                    
          intentional disregard.  See sec. 6662(c).                                   
               Petitioner has not disputed the legal standard applied by              
          respondent here but disputes only whether respondent had a                  
          reasonable factual basis to believe that the legal standard                 
          applied to him.  This case is primarily one of substantiation.              
          When respondent issued the statutory notice of deficiency and               
          filed the answer in this case, petitioner had not substantiated             
          deductions for charitable contributions, home mortgage interest,            
          and dependency exemptions.  Indeed, although respondent has                 
          settled the issues in this case, petitioner has yet provided only           
          indirect or inferential evidence for most of the issues involved            
          here.  We conclude that the position of respondent had a                    
          reasonable basis in fact based on the information produced during           
          the examination in this case before trial.                                  







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