Fawzi and Dolores Tay Tay Assaad - Page 34

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          6664(c)(1).  This determination is made considering all relevant            
          facts and circumstances.  Relevant factors include the taxpayer’s           
          efforts to assess his proper tax liability, including his                   
          reasonable and good faith reliance on the advice of a                       
          professional.  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.               
          Higbee v. Commissioner, supra at 448-449.  The taxpayer bears the           
          burden of proof regarding this exception.  Id. at 447.                      
               On brief, petitioners do not point to any specific                     
          circumstances which might trigger the reasonable cause exception.           
          However, they do suggest that their failure to maintain adequate            
          records and to substantiate properly their expenses is                      
          attributable to the alleged fact that “petitioners’ records                 
          disappeared while in the possession of his now-deceased                     
          accountant and that his subsequent accountant made an inadequate            
          effort to replace them.”  Good faith reliance on a tax return               
          preparer or accountant to maintain required records, and a                  
          failure by that representative to do so, may establish the                  
          taxpayer’s entitlement to relief under section 6664(c)(1).  See             
          Xuncax v. Commissioner, T.C. Memo. 2001-226.  However, such a               
          loss or destruction of required records alone does not establish            
          that the taxpayer’s deductions and claimed expenses were founded            
          on reasonable cause and good faith when made.  See id.                      






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