- 23 - individual, an understatement is substantial if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1)(A). An understatement is reduced to the extent attributable to an item: (1) For which there existed substantial authority for the taxpayer’s treatment thereof, or (2) with respect to which relevant facts were adequately disclosed in the return or in a statement attached thereto and there existed a reasonable basis for the taxpayer’s treatment of the item. Sec. 6662(d)(2)(B). The accuracy-related penalty under section 6662(a) does not apply to any portion of an underpayment if it is shown that there was reasonable cause for such portion of the underpayment and that the taxpayer acted in good faith with respect to such portion. Sec. 6664(c)(1); Jelle v. Commissioner, 116 T.C. 63, 72 (2001). In general, the determination of whether a taxpayer acted with reasonable cause and in good faith depends upon the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The crucial factor is the extent of the taxpayer's effort to assess the proper tax liability. Id. Petitioner bears the burden of proving that respondent's determination is erroneous. Rule 142(a); Jelle v. Commissioner, supra at 72.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011