Robert D. Aronfeld - Page 9




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          Regs.  Under section 6664(c), no penalty shall be imposed under             
          section 6662(a) with respect 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.  The determination of whether a taxpayer acted with                
          reasonable cause and in good faith depends upon the facts and               
          circumstances of each particular case.  See sec. 1.6664-4(b)(1),            
          Income Tax Regs.  Relevant factors include the taxpayer's efforts           
          to assess his or her proper tax liability, the knowledge and                
          experience of the taxpayer, and reliance on the advice of a                 
          professional, such as an accountant.  See Drummond v.                       
          Commissioner, T.C. Memo. 1997-71.  However, the most important              
          factor is the extent of the taxpayer's effort to determine the              
          taxpayer's proper tax liability.  See sec. 1.6664-4(b)(1), Income           
          Tax Regs.  An honest misunderstanding of fact or law that is                
          reasonable in light of the experience, knowledge, and education             
          of the taxpayer may indicate reasonable cause and good faith.               
          See Remy v. Commissioner, T.C. Memo. 1997-72.                               
               Petitioner made an insufficient effort to determine his                
          proper tax liability for 1997 by submitting to respondent a                 
          return that disavowed any income or any tax liability in spite of           
          the receipt by petitioner during the years of income payments               
          that, in previous years, petitioner had reported.  There was no             
          reasonable or honest misunderstanding of fact or law by                     





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