Joyce E. Hastings - Page 23




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          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.                                                                










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