- 8 - there was reasonable cause for the underpayment and that he or she acted in good faith with respect to the underpayment. See sec. 6664(c). The taxpayer bears the burden of proving that the negligence penalty is inapplicable. See Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111 (1933); Gircsis v. Commissioner, T.C. Memo. 1992-244; cf. sec. 7491(c), effective for court proceedings arising in connection with examinations commencing after July 22, 1998. We conclude that petitioner is liable for the accuracy- related penalty. Of particular significance is the fact that there is no persuasive evidence that petitioner ever properly inquired whether his marital status allowed him to file as head of household or whether he was entitled to claim an earned income credit without filing a joint return. In other words, there is no persuasive evidence that petitioner made a reasonable attempt to comply with applicable law. Further, the fact that Mrs. Chiosie may have refused to file a joint return because of marital discord provides no justification for petitioner to claim a filing status to which he is clearly not entitled. Finally, petitioner contends that certain events that occurred during the examination stage of this case justify his reporting position. We disagree; such events are not material to the issue whether petitioner made a reasonable attempt to complyPage: Previous 1 2 3 4 5 6 7 8 9 Next
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