- 11 - The accuracy-related penalty under section 6662(a) does not apply to any portion of an underpayment, however, if it is shown that there was reasonable cause for, and that the taxpayer acted in good faith with respect to, that portion. Sec. 6664(c)(1); sec. 1.6664-4(b), Income Tax Regs. The determination of whether the taxpayer acted with reasonable cause and in good faith depends on the pertinent facts and circumstances, including the taxpayer’s efforts to assess his or her proper tax liability, the knowledge and experience of the taxpayer, and the reliance on the advice of a professional. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner argues that she is not liable for the accuracy- related penalty because she relied upon the advice of her attorney to exclude the $58,000 amount. While the Commissioner bears the burden of production under section 7491(c), the taxpayer bears the burden of proof with regard to issues of reasonable cause, substantial authority, or similar provisions. Higbee v. Commissioner, supra at 446. Therefore, petitioner must show that she supplied her adviser with all the correct and necessary information and that her error in not reporting the $58,000 amount was the result of her adviser’s mistake. In the instant case, petitioner’s attorney represented her during all stages of the lawsuit, including filing the complaint and negotiating the settlement agreement. Furthermore, the attorney endorsed and deposited the two checks Liberty madePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011