- 40 - Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg. 92 T.C. 1 (1989); Bunney v. Commissioner, 114 T.C. 259, 266 (2000); sec. 1.6662-3(b)(1), Income Tax Regs. The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. The penalty imposed by section 6662(a) and (b)(1) will not apply if a taxpayer shows there was reasonable cause for any portion of an underpayment and the taxpayer acted in good faith with respect to that portion. See sec. 6664(c)(1); sec. 1.6664- 4(a), Income Tax Regs. The determination of whether a taxpayer acted in good faith is made on a case-by-case basis, taking into account all the pertinent facts and circumstances. See Compaq Computer Corp. v. Commissioner, 113 T.C. 214, 226 (1999); sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner bears the burden of proving that respondent’s determination is erroneous. See Rule 142(a); Allen v. Commissioner, 925 F.2d at 353; Axelrod v. Commissioner, 56 T.C. 248, 258 (1971). A. Stipulated and Computational Issues Respondent proposed several adjustments with respect to petitioner’s returns for the years in issue. Some of the adjustments were settled before trial, as reflected in the stipulations of settled issues, or are computational. See supra note 2. Petitioner introduced evidence at trial, and argued onPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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