Kathryn Cheshire - Page 25




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          with respect to the retirement distribution proceeds, the interest          
          income, and the section 6662(a) accuracy-related penalty on the             
          grounds that it would not be inequitable to hold petitioner liable          
          for the tax on these items and that she failed to demonstrate               
          reasonable cause in omitting these items.  After taking into                
          account the facts and circumstances presented in this case, we do           
          not believe respondent abused his discretion in denying  equitable          
          relief to petitioner with respect to the retirement distribution            
          proceeds and interest income or with respect to the section 6662            
          penalty as it relates to the omitted interest income.  However, we          
          believe respondent’s denial of equitable relief to petitioner under         
          section 6015(f) to be an abuse of his discretion as it relates to           
          the section 6662(a) penalty applicable to the omitted retirement            
          distribution proceeds.  The reasons for our overruling respondent’s         
          denial of relief regarding the section 6662(a) penalty applicable           
          to the retirement distribution proceeds are as follows:                     
               Section 6662(a) does not apply to “any portion of an                   
          underpayment if it is shown that there was a reasonable cause for           
          such portion and that the taxpayer acted in good faith with respect         
          to such portion.”  Sec. 6664(c)(1).  After carefully observing              
          petitioner while testifying, we are satisfied that at the time she          
          signed the 1992 tax return, petitioner believed that the portion of         
          retirement distribution proceeds used to pay off the mortgage on            








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