- 20 - underpayment if it is shown that the taxpayer had reasonable cause and acted in good faith. Sec. 6664(c). Because this court proceeding arises in connection with an examination commenced after July 22, 1998, respondent bears the burden of producing sufficient evidence to support imposition of the accuracy-related penalty; however, the burden remains on petitioners to show that the reasonable cause exception applies. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001); Penn v. Commissioner, T.C. Memo. 2001-267. As previously discussed, the undisputed evidence shows that petitioners had at least $86,705 in unreported gross income from gambling, as determined by reference to the $91,000 of gambling winnings as understated in the notice of deficiency. Petitioners have failed to substantiate gambling losses in excess of unreported gambling gross income omitted from the notice of deficiency. The net result is a substantial understatement of tax as defined in section 6662(d)(1)(A). In determining whether a taxpayer acted with reasonable cause and in good faith, the most important factor is the extent of the taxpayer's effort to assess the proper tax liability. Sec. 1.6664-4(b)(1), Income Tax Regs. With respect to petitioners’ 1996 gambling activities, four casinos issued petitioners some 39 Forms W-2G, reporting aggregate gambling winnings over $144,000–-an amount greater than petitioners’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