Keith Chiosie - Page 8




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          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 comply            





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