James Tinnell - Page 40




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          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 on             






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