John Norman Favero and Patricia Carolyn Favero - Page 9




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               Respondent determined that petitioners are liable for                  
          accuracy-related penalties under section 6662(a) for each of the            
          years at issue.  Section 6662(a) imposes a penalty of 20 percent            
          of the portion of an underpayment attributable to negligence or             
          disregard of rules or regulations.  Sec. 6662(b)(1).                        
          “Negligence” is defined as any failure to make a reasonable                 
          attempt to comply with the provisions of the Internal Revenue               
          Code, and “disregard” is defined as any careless, reckless, or              
          intentional disregard.  Sec. 6662(c).  Negligence also includes             
          any failure by the taxpayer to keep adequate books and records or           
          to substantiate items properly.  Sec. 1.6662-3(b), Income Tax               
          Regs.                                                                       
               The accuracy-related penalty does not apply if petitioners             
          had reasonable cause for the underpayment and acted in good faith           
          with respect to the underpayment.  Sec. 6664(c)(1).  Whether a              
          taxpayer acted with reasonable cause and in good faith is                   
          determined on a case-by-case basis, taking into account all                 
          pertinent facts and circumstances.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.  The most important factor generally is the extent of             
          the taxpayer’s effort to assess his proper tax liability.  Id.              
          An honest misunderstanding of fact or law that is reasonable in             
          light of all the facts and circumstances may indicate reasonable            
          cause.  Id.                                                                 








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