Richard L. and Marjorie A. Pitts - Page 18




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          careless, reckless, or intentional disregard.  See sec. 6662(c).            
          A position with respect to an item is attributable to negligence            
          if it lacks a reasonable basis.  See sec. 1.6662-3(b)(1), Income            
          Tax Regs.  Moreover, taxpayers are required to keep adequate                
          books and records sufficient to establish the amount of                     
          deductions or other items required to be shown on their returns.            
          Failure to maintain adequate books and records or to substantiate           
          items properly also constitutes negligence.  See id.                        
               Section 6664(c)(1) 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.  See sec. 6664(c)(1).           
          The determination of whether a taxpayer acted with reasonable               
          cause and good faith within the meaning of section 6664(c)(1) is            
          made on a case-by-case basis, taking into account all the                   
          pertinent facts and circumstances.  See sec. 1.6664-4(b)(1),                
          Income Tax Regs.                                                            
               Generally, the duty of filing accurate returns cannot be               
          avoided by placing the responsibility on a tax return preparer.             
          See Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987).              
          Although a taxpayer remains liable for a deficiency attributable            
          to a return prepared by an accountant, a taxpayer who supplies a            
          qualified tax return preparer with all relevant information and             
          who reasonably and in good faith relies on the preparer’s advice            
          is not negligent and has not disregarded rules or regulations,              

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Last modified: May 25, 2011