- 20 - cause and in good faith. See sec. 6664(c). Whether a taxpayer acted with reasonable cause and in good faith is measured by examining the relevant facts and circumstances, and most importantly, the extent to which he or she attempted to assess the proper tax liability. See Neely v. Commissioner, 85 T.C. 934 (1985); Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-4(b)(1), Income Tax Regs. Petitioners argue that they provided all relevant information to their tax return preparer, Gendron & Co. Petitioners, however, have provided no testimony concerning the information they gave to their return preparer. No employee from Gendron & Co. testified at trial. Additionally, we have found that petitioner failed to maintain adequate records related to the claimed net operating losses. Therefore, we find the underpayment attributable to negligence or disregard of rules or regulations. We conclude that petitioners are liable for a penalty pursuant to section 6662 for 1994, 1995, 1996, 1997, 1998, and 1999. In reaching all of our holdings herein, we have considered all arguments made by the parties, and to the extent not mentioned above, we find them to be irrelevant or without merit.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011