Dan Pistoresi and Elaine M. Pistoresi - Page 6




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          preparation of a tax return.  Sec. 6662(c); sec. 1.6662-3(b)(1),            
          Income Tax Regs.  "Disregard" includes any careless, reckless, or           
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               Section 6664(c)(1), however, provides that the penalty under           
          section 6662(a) shall not apply to any portion of an                        
          underpayment, if it is shown that there was reasonable cause for            
          the taxpayer's position with respect to that portion and that the           
          taxpayer acted in good faith with respect to that portion.  The             
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith is made on a case-by-case basis, taking into              
          account all the pertinent facts and circumstances.  Sec.                    
          1.6664-4(b)(1), Income Tax Regs.  The most important factor is              
          the extent of the taxpayer's effort to assess his proper tax                
          liability for the year.  Id.                                                
               Based on the record, we find that petitioners have not                 
          proved that their underpayment was due to reasonable cause or               
          that they acted in good faith.  Accordingly, we hold that they              
          are liable for the section 6662(a) accuracy-related penalty for             
          1992.                                                                       
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             under Rule 155.                          






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