- 16 - adequate books and records or to substantiate items properly. See sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. “Disregard” has been categorized as any careless, reckless, or intentional disregard. Sec. 6662(c). A taxpayer may avoid the accuracy-related penalty by showing that (1) there was reasonable cause for the underpayment and (2) he acted in good faith with respect to such underpayment. See sec. 6664(c). Whether the taxpayer acted with reasonable cause and in good faith is determined by the relevant facts and circumstances, and most importantly, the extent to which he attempted to assess his proper tax liability. See Neely v. Commissioner, 85 T.C. 934 (1985); Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-4(b)(1), Income Tax Regs. It is petitioner’s responsibility to establish that he is not liable for the accuracy-related negligence penalty imposed by section 6662(a). See Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989). In attempting to show that he had reasonable cause, petitioner argues that he relied on his accountant who assisted him in preparing his 1991 return. Under certain circumstances, reliance on the advice of a competent adviser can be a defense to the accuracy-related penalty. United States v. Boyle, supra at 252); Zfass v. Commissioner, 118 F.3d 184 (4th Cir. 1997); sec. 1.6664-4(b)(1), Income Tax Regs. However, reliance on professional advice, standing alone, isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011