Andy Rataiczak - Page 12




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          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).                                              








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