Joyce H. Sams - Page 26




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          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, she           






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Last modified: May 25, 2011