William and Shirley Pratt - Page 19




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          with reasonable cause and in good faith.  Sec. 6664(c)(1).  The             
          decision as to whether the taxpayer acted with reasonable cause and         
          in good faith depends upon all the pertinent facts and                      
          circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.  Relevant             
          factors include the taxpayer’s efforts to assess his proper tax             
          liability, including the taxpayer’s reasonable and good faith               
          reliance on the advice of a professional such as an accountant.             
          Id.   Further, an honest misunderstanding of fact or law that is            
          reasonable in light of the experience, knowledge, and education of          
          the taxpayer may indicate reasonable cause and good faith.  See             
          Furnish v. Commissioner, T.C. Memo. 2001-286; Remy v. Commissioner,         
          T.C. Memo. 1997-72.                                                         
               At trial, petitioner testified that he provided his                    
          accountants (Accufast for 1993 and 1994, and J.E. & Assoc. for              
          1995) with all of his business records, receipts, and check stubs.          
          In this regard, petitioner testified:                                       
                    I had an accountant that takes care of all this                   
               stuff, so I really don’t understand it, don’t know what                
               it is.  You know, he had all the records and took care of              
               all that stuff, as far as what the rent was and how much               
               was paid, and the materials, supplies and stuff. * * * As              
               far as * * * the charges and stuff * * * he had the                    
               records, the check stubs and all that, and he figured out              
               what was there * * *.                                                  
               Petitioner further testified that he tried to obtain his               
          business records and any substantiating documentation from Accufast         
          for 1993 and 1994 but was told that clients’ records were not               
          retained after 5 years.  Moreover, petitioner stated that upon              





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