- 10 - understatement and acted in good faith. Sec. 6664(c)(1); sec. 1.6664-4(a), Income Tax Regs. Respondent bears the burden of production with respect to petitioner’s liability for the accuracy-related penalty under section 6662(c) because the examination in this case commenced after July 22, 1998, the effective date of section 7491. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 727. Petitioner erroneously failed to include in his gross income the $1,568,087 qui tam payment. Thus, respondent has met the burden of production. H. Conf. Rept. 105-599, at 241 (1998), 1998-3 C.B. 747, 995. 2. Petitioner’s Contentions Petitioner contends that he made a good faith and reasonable effort to assess his proper tax liability by discussing it with Mrs. Roco and researching tax cases, the Internal Revenue Code, IRS regulations, tax publications, and tax treatises to determine whether the qui tam payment was includable in gross income for Federal income tax purposes. He also contends that his failure to report the qui tam payment on his 1997 return was reasonable because he expected respondent to audit his 1997 return after respondent matched the Form 1099-MISC with his return and discovered that he had not reported the $1,568,087 payment. We disagree.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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