Edward P. Knoll and Mary K. King-Knoll - Page 30

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         reasonable basis to support the tax treatment.  Sec.                         
         6662(d)(2)(B).                                                               
               For the purposes of this section, a taxpayer is negligent              
         when he or she fails “to do what a reasonable and ordinarily                 
         prudent person would do under the circumstances.”  Korshin v.                
         Commissioner, 91 F.3d 670, 672 (4th Cir. 1996), affg. T.C. Memo.             
         1995-46.  Whether a taxpayer acted with reasonable cause and good            
         faith is measured by examining the relevant facts and                        
         circumstances, and most importantly, the extent to which he                  
         attempted to assess his 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.                   
               The record we consider reflects that petitioner did not                
         reasonably attempt to properly assess his income tax liability               
         with respect to the $116,000 received from Winston.  The notes               
         taken by petitioner during the negotiations with Winston and his             
         trial testimony both reveal that he knew which tort claims were              
         and were not taxable.  Petitioner’s revision of the settlement               
         payment allocations toward the release of several tort claims was            
         motivated by the need to lessen his tax burden and not because of            
         any specific tort claim.  The settlement agreement and release               
         contain several tort claims with no specific allocation.  Years              
         later, at trial, petitioner attempted to narrow the list to those            
         tort claims that he might have a chance to substantiate.                     






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