- 30 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011