- 15 - Section 6662(d)(2)(B) provides that the amount of the understatement shall be reduced by that portion of the understatement that is attributable to the tax treatment of any item by the taxpayer if there is or was substantial authority for the treatment, or any item with respect to which the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return, and there is reasonable basis for such treatment. The tax that was required to be shown on petitioners' 1997 return, based on respondent's adjustments, was $20,453. Petitioners' return showed a tax of zero. Despite respondent's lack of explanation, the Court surmises that respondent determined $4,397 of this difference to have been adequately disclosed, and, therefore, $16,056 was considered the understatement of tax for purposes of section 6662(d)(2)(A). In any event, the $16,056 clearly exceeds the greater of $5,000 or 10 percent of the tax required to be shown on the return (i.e., $2,045.30). It follows that petitioners' understatement of tax was substantial for purposes of section 6662(d)(1)(A). The determination of whether a taxpayer acted with reasonable cause and in good faith depends upon the facts and circumstances of each particular case. Sec. 1.6664-4(b)(1), Income Tax Regs. Relevant factors include the taxpayer's efforts to assess his or her proper tax liability, the knowledge and experience of the taxpayer, and reliance on the advice of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011