Alan L. Levitt - Page 23




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         failure to keep adequate books and records or to substantiate                
         items properly.  Sec. 6662(c); 1.6662-3(b)(1), Income Tax Regs.              
         “Disregard” consists of any careless, reckless, or intentional               
         disregard.  Sec. 6662(c).                                                    
              An exception applies to the accuracy-related penalty when               
         the taxpayer demonstrates (1) there was reasonable cause for the             
         underpayment, and (2) he acted in good faith with respect to such            
         underpayment.  Sec. 6664(c).  Whether the taxpayer acted with                
         reasonable cause and in good faith is determined by the relevant             
         facts and circumstances.  The most important factor is the extent            
         of the taxpayer’s effort to assess his proper tax liability.                 
         Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-              
         4(b)(1), Income Tax Regs.  Section 1.6664-4(b)(1), Income Tax                
         Regs., specifically provides:  “Circumstances that may indicate              
         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.”             
         Neely v. Commissioner, 85 T.C. 934 (1985).                                   
              It is the taxpayer’s responsibility to establish that he is             
         not liable for the accuracy-related penalty imposed by section               
         6662(a).  Rule 142(a); Higbee v. Commissioner, supra; Tweeddale              
         v. Commissioner, 92 T.C. 501, 505 (1989).  Petitioner did not                
         address this issue at trial or in any pleadings.  Petitioner                 
         claimed deductions that he failed to explain or substantiate.                






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