- 26 - 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011