- 19 - reasonable attempt to comply with the provisions of the Internal Revenue Code, including any failure to keep adequate books and records or to substantiate items properly. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Section 6664(c)(1) provides that the penalty under section 6662(a) shall not apply to any portion of an underpayment if it is shown that there was reasonable cause for the taxpayer’s position and that the taxpayer acted in good faith with respect to that portion. 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 the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayer’s effort to assess his proper tax liability for the year. Id. Petitioners failed to keep adequate books and records reflecting the income and expenses of Mr. Brayshaw’s businesses and failed to properly substantiate the majority of the numerous and varied items reported on their return. See sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Furthermore, petitioners’ effort to assess their proper tax liability falls short of what would be consistent with reasonable cause and good faith. See sec. 1.6664-4(b)(1), Income Tax Regs. We hold that the record supports respondent’s determination of negligence in this case.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011