- 23 - and reasonable care in the preparation of a tax return. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). A taxpayer’s disregard is “intentional” if the taxpayer knows of the rule or regulation that is disregarded. Sec. 1.6662-3(b)(2), Income Tax Regs. Respondent has the burden of production under section 7491(c) and must come forward with sufficient evidence indicating that it is appropriate to impose the penalty. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once respondent meets his burden of production, the taxpayer must come forward with persuasive evidence that respondent’s determination is incorrect. Id. As discussed above, petitioner was advised as to the tax consequences of her transactions involving the Happy Valley property by Coburn in his correspondence of May 1, 1997. Even though petitioner was aware of the tax consequences of these transactions, her 1997 and 1998 returns do not reflect the correct amount of gain that she recognized on the sale of her undivided 50-percent interest in the Happy Valley property because she failed to provide to Coburn the Settlement Agreement and quitclaim deed that transferred Mr. Walker’s 25-percent interest in the Happy Valley property to her. (When Mr. Walker filed an amended return for 1997, petitioner made a misrepresentation to Coburn by stating that the transactionPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011