- 9 - “substantial understatement” as an understatement of income tax for the taxable year that exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Section 6664(c)(1) provides an exception to the accuracy- related penalty as it applies to any portion of an underpayment where the taxpayer shows that there was a reasonable cause for such portion, and that the taxpayer acted in good faith with respect to such portion. Regulations interpreting section 6664(c)(1) 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. Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge and education of the taxpayer. * * * [Sec. 1.6664-4(b)(1), Income Tax Regs.] In court proceedings that arise in connection with examinations commencing after July 22, 1998, the Commissioner bears the burden of producing sufficient evidence to indicate that it is appropriate to impose any penalty provided for in the Internal Revenue Code. Sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once the Commissioner’s burden is met, the taxpayer bears the burden of establishing that the section 6664(c)(1) reasonable cause exception is applicable. Higbee v. Commissioner, 116 T.C. at 447.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011