- 14 - to disregard of rules and regulations. For purposes of section 6662(a), negligence consists of a failure to make a reasonable attempt to comply with the Code. See sec. 6662(c). Accuracy-related penalties under section 6662(a) do not apply to any part of an underpayment if the taxpayer shows reasonable cause and if the taxpayer acted in good faith. See sec. 6664(c). Whether a taxpayer acted with reasonable cause and in good faith is ascertained on a case-by-case basis, taking into account all of the pertinent facts and circumstances. See sec. 1.6664-4(b)(1), Income Tax Regs. Circumstances that may establish reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge, and education of the taxpayer. See id. With regard to the penalties under section 6662(a) for 1994 and 1996, the parties make no argument regarding the burden of proof or the burden of production. See sec. 7491(c). Because of petitioner’s education and professional experience, and because the agreement adequately identified the payments in question as interest, petitioner knew or should have known that the payments constituted interest income and were includable in her Federal income tax returns. We conclude that petitioner is liable for the accuracy- related penalties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011