- 45 - circumstances. "Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of * * * law that is reasonable in light of all of the facts and circumstances, including the experience, knowledge, and education of the taxpayer." Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner bears the burden of proving facts showing good faith and reasonable cause. See Rule 142(a). Petitioner defends against respondent’s determination of a penalty for negligence by claiming: “Petitioner has maintained comprehensive records and had a reasonable basis for all aspects of the tax return.” Petitioner concedes that Norman has passed the examination to be a certified public accountant. Respondent argues that "[petitioner] intentionally disregarded rules prohibiting deductions for personal items and deducted items for which it had been reimbursed." Respondent also argues that petitioner failed to keep adequate records under sections 6001 and 274(d). To the extent we have sustained respondent’s adjustments, we have done so principally because petitioner has failed to show that its deductions represented expenses incurred in carrying on petitioner’s business, rather than expenses incurred to benefit the Duquettes, personally. With respect to such deductions, it appears to us that Norman believed that, if he produced corporate resolutions and policies authorizing such expenses, no furtherPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011