- 62 - circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Relevant factors include the taxpayer’s efforts to assess his proper tax liability, including the taxpayer’s reasonable and good faith reliance on the advice of a professional. See id. The record establishes that petitioner reasonably and in good faith relied on his return preparers and attorneys. Petitioner fully disclosed the facts surrounding the settlement payments to his return preparers and attorneys. Petitioner directed his return preparers to report the settlement payments from UTA in the clearest and most proper way. His return preparers consulted with tax attorneys before preparing petitioner’s returns in issue. Consequently, we conclude that for 1997 and 1998 petitioner had reasonable cause and acted in good faith as to any underpayment resulting from the exclusion of the May 1997 payment and the November 1998 payment. Accordingly, we hold that petitioner is not liable for the penalty pursuant to section 6662(a).32 32 We note that sec. 6662(d)(2)(B) provides an additional basis for relieving petitioner from the sec. 6662 penalty-- petitioner adequately disclosed the relevant facts regarding the payments he received pursuant to the defamation agreement on his 1997 and 1998 tax returns.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011