Carl L. and Eugenia T. Henn - Page 18




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               Finally, petitioners argue that they acted with reasonable             
          cause and in good faith in claiming the loss.  Section 6661(c)              
          provides the Secretary with the discretion to waive the section             
          6661(a) addition to tax if the taxpayer shows he acted with                 
          reasonable cause and in good faith.  Generally, we review the               
          Secretary’s failure to waive the addition to tax for abuse of               
          discretion.  Martin Ice Cream Co. v. Commissioner, 110 T.C. 189,            
          235 (1998).  The most important factor in determining whether a             
          taxpayer acted with reasonable cause and in good faith generally            
          is “the extent of the taxpayer’s effort to assess the taxpayer’s            
          proper tax liability under the law.”  Sec. 1.6661-6(b), Income              
          Tax Regs.  For the same reasons we found petitioners to be                  
          negligent in claiming the reported loss as a deduction, we find             
          petitioners also lacked reasonable cause for doing so.                      
          Consequently, petitioners are not entitled to a waiver under                
          section 6661(c), and they are liable for the addition to tax                
          under section 6661(a) for a substantial understatement of tax.7             








          7Respondent stated in his answer that this addition to tax                  
          was in the amount of $512.40.  As respondent argued in his pre-             
          trial memorandum and orally at trial, this amount is incorrect.             
          The correct computation under the provisions of section 6661(a)             
          results in an addition to tax of $1,281.                                    






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