John William Barck & Janie R. Barck - Page 13




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          disclosed on the taxpayer’s return or an attached statement, and            
          there is a reasonable basis for the taxpayer’s treatment of the             
          item.  See sec. 6662(d)(2)(B).                                              
               Section 6664(c)(1) provides that the penalty under section             
          6662(a) shall not apply to any portion of an underpayment if it             
          is shown that there was reasonable cause for the taxpayer’s                 
          position and that the taxpayer acted in good faith with respect             
          to that portion.  The determination of whether a taxpayer acted             
          with reasonable cause and in good faith is made on a case-by-case           
          basis, taking into account all the pertinent facts and                      
          circumstances.  See sec. 1.6664-4(b)(1), Income Tax Regs.  The              
          most important factor is the extent of the taxpayer’s effort to             
          assess his proper tax liability for the year.  See id.                      
               Petitioners dispute the assertion of the accuracy-related              
          penalties, but have not presented any evidence or arguments                 
          specifically addressing this issue.  We find that the record in             
          its entirety supports respondent’s assertion of the penalties in            
          this case, and we therefore uphold respondent’s determination in            
          this regard, as modified by respondent’s concessions and our                
          holding on the other issues in this case.                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   











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