Simco Automotive Pump Co., Inc. - Page 26




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          underpayment for which the taxpayer can show that he acted in               
          good faith and had reasonable cause.  See sec. 6664(c)(1).  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 relevant facts and circumstances.  See sec.                 
          1.6664-4(b)(1), Income Tax Regs.  “Circumstances that may                   
          indicate reasonable cause and good faith include an honest                  
          misunderstanding of fact or law that is reasonable in light of              
          all of the facts and circumstances, including the experience,               
          knowledge, and education of the taxpayer.”  Id.   In addition,              
          “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.                                                                
               In determining whether a corporation is liable for the                 
          accuracy-related penalty, the acts of officers on behalf of the             
          corporation are imputed to the corporation.  See O.S.C. &                   
          Associates, Inc. v. Commissioner, T.C. Memo. 1997-300; Ibabao               
          Med. Corp. v. Commissioner, T.C. Memo. 1988-285.  As we have                
          already held, John did not act in behalf of Simco, so his acts              
          are not imputed to Simco.  Thus, respondent’s determination of              
          Simco’s negligence or disregard of rules or regulations depends             
          on a finding of negligence or disregard of rules or regulations             
          on the part of Neal.  As we have also found, John concealed the             





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