David D. Brayshaw and Nora D. Brayshaw - Page 20




                                               - 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