- 14 - amount of the understatement exceeds the greater of either 10 percent of the tax required to be shown on the return for the taxable year or $5,000. Sec. 6662(d)(1)(A). The penalties provided for in section 6662 are not imposed on any portion of an underpayment if it is shown that there was reasonable cause for such portion and the taxpayer acted in good faith with respect to that portion. Sec. 6664(c)(1); sec. 1.6664-4(b), Income Tax Regs. Whether the taxpayer has acted with reasonable cause and in good faith is determined by relevant facts and circumstances, including the taxpayer’s own efforts to assess his proper tax liability. Sec. 6664(c); Stubblefield v. Commissioner, T.C. Memo. 1996-537. Petitioners conceded that they are not entitled to a claimed deduction in 1995 of $8,532. Petitioners failed to provide a basis or an explanation for the claimed deduction. We conclude that they are liable for the section 6662(a) accuracy-related penalty. Petitioners admitted that they estimated income and expenses from the hairdressing activity on their 1996 return. Petitioners produced a limited number of relevant documents (e.g., copies of canceled checks, copies of appointment books, and copies of a journal of certain expenses). Petitioners also conceded receipt of a taxable award from Mr. Possas’s employer for 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011