- 9 - The accuracy-related penalty will apply unless petitioner demonstrates that there was reasonable cause for the under- payment and that he acted in good faith with respect to the underpayment. See sec. 6664(c). Section 1.6664-4(b)(1), Income Tax Regs. specifically provides: "Circumstances that may indicate 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." Whether a taxpayer acted with reasonable cause and good faith depends on the pertinent facts and circumstances. See McCallson v. Commissioner, T.C. Memo. 1993-528; sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner must show that he was not negligent. See Cluck v. Commissioner, 105 T.C. 324, 339 (1995). Petitioner explained at trial that he claimed on his return attorney's fees and other litigation costs associated with his divorce action as miscellaneous deductions based on his "literal reading" of section 212, governing expenses for the production of income. He testified that he was in error when he made "an inadvertent computation" and deducted 1993 State taxes on his 1994 Federal tax return. The record here shows that petitioner is a highly educated individual who has demonstrated some income tax knowledge. We find it unreasonable that petitioner, an attorney, would interpret "literally" a provision allowing the deduction ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011