- 15 - $5,000. For purposes of this computation, the amount of the understatement is reduced to the extent attributable to an item: (1) If there existed substantial authority for the taxpayer’s treatment of the item, or (2) if the relevant facts affecting the treatment of the item were adequately disclosed on the taxpayer’s return or an attached statement, and there was a reasonable basis for the taxpayer’s treatment of the item. See sec. 6662(d)(2)(B). An exception to the section 6662(a) penalty is set forth in section 6664(c)(1) and reads: “No penalty shall be imposed under this part with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion.” The taxpayer bears the burden of establishing that this reasonable cause exception is applicable, as respondent’s determination of an accuracy-related penalty is presumed correct. See Rule 142(a). Regulations interpreting section 6664(c) state: 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 pertinent facts and circumstances. * * * Generally, the most important factor is the extent of the taxpayer’s effort to assess the taxpayer’s proper tax liability. * * * [Sec. 1.6664-4(b)(1), Income Tax Regs.] Applying these principles to the matter at hand, we are constrained to rule that petitioners have failed to meet theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011