- 12 - the amounts of $3,330 and $1,764, respectively. Section 6662(a) applies in the case of negligence or disregard of rules or regulations. See sec. 6662(b)(1). “Negligence” includes the failure to keep adequate books and records. See sec. 1.6662- 3(b), Income Tax Regs. We note that although petitioner did not keep formal inventories for any of the items he sold except for fuel, his records were adequate enough to allow the parties to stipulate his costs of purchases in each of the separate categories. Moreover, petitioner will be relieved of the penalty under section 6662(a) if there was reasonable cause for the underpayment and he acted in good faith. Sec. 6664(c)(1). 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.” Sec. 1.6664-4(b)(1), Income Tax Regs. Further, “Reliance on * * * professional advice * * * constitutes reasonable cause and good faith if, under all the circumstances, such reliance was reasonable and the taxpayer acted in good faith.” Id. We find that petitioner acted with reasonable cause and in good faith based on his experience, knowledge and education, and on the fact that he reasonably relied on an accountant in filing his tax returns. Therefore, he is not liable for the accuracy-related penalty under section 6662(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011