Earl G. Higbee and Lesley A. Higbee - Page 18




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          due to negligence or disregard of rules or regulations.  See sec.           
          6662(b).  A substantial understatement of tax is defined as an              
          understatement of tax that exceeds the greater of 10 percent of             
          the tax required to be shown on the tax return or $5,000.  See              
          sec. 6662(d)(1)(A).  The understatement is reduced to the extent            
          that the taxpayer has (1) adequately disclosed his or her                   
          position and has a reasonable basis for such position or (2) has            
          substantial authority for the tax treatment of the item.  See               
          sec. 6662(d)(2)(B).  In addition, section 6662(c) defines                   
          “negligence” as any failure to make a reasonable attempt to                 
          comply with the provisions of the Internal Revenue Code, and                
          “disregard” means any careless, reckless, or intentional                    
          disregard.                                                                  
               Whether applied because of a substantial understatement of             
          tax or negligence or disregard of the rules or regulations, the             
          accuracy-related penalty is not imposed with respect to any                 
          portion of the understatement as to which the taxpayer acted with           
          reasonable cause and in good faith.  See sec. 6664(c)(1).  The              
          decision as to whether the taxpayer acted with reasonable cause             
          and in good faith depends upon all the pertinent facts and                  
          circumstances.  See sec. 1.6664-4(b)(1), Income Tax Regs.                   
          Relevant factors include the taxpayer's efforts to assess his               
          proper tax liability, including the taxpayer’s reasonable and               
          good faith reliance on the advice of a professional such as an              
          accountant.  See id.  Further, an honest misunderstanding of fact           




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