- 25 - 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 penalty provided for in section 6662 is 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. Reliance on the advice of a professional, such as an accountant, does not necessarily demonstrate reasonable cause and good faith unless the reliance was reasonable and the taxpayer acted in good faith. Sec. 1.6664-4(b)(1) and (c)(1), Income Tax Regs. In the case of claimed reliance on the accountant who prepared the taxpayer’s tax return, the taxpayer must establish that correct information was provided to the accountant and that the item incorrectly omitted, claimed, or reported in the return was the result of the accountant’s error. Ma-Tran Corp. v. Commissioner, 70 T.C. 158, 173 (1978). Respondent determined that petitioner is liable for the accuracy-related penalty because of either negligence or disregard of the rules or regulations or substantial understatement of income tax. Petitioner asserts that she is not liable for the section 6662 penalty because she was not negligent, she did not disregard the statutes or regulations, shePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011