Claudia F. Walker - Page 24

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          embodied by the Settlement Agreement and quitclaim deed did not             
          take place.)  This evidence satisfies respondent’s burden of                
          production under section 7491(c).                                           
               Petitioner contends that respondent’s determination to                 
          impose the accuracy-related penalty due to negligence or                    
          disregard of the rules or regulations is incorrect because the              
          position that she took on her 1997 and 1998 returns had a                   
          reasonable basis.  A return position that has a reasonable basis            
          is not attributable to negligence or disregard of the rules or              
          regulations.  See sec. 1.6662-(3)(b)(1), (3), Income Tax Regs.              
          The reasonable basis standard is not satisfied, however, by a               
          return position that is merely arguable or that is merely a                 
          colorable claim.  See sec. 1.6662-3(b)(3), Income Tax Regs.; see            
          also Indeck Energy Servs., Inc. v. Commissioner, T.C. Memo. 2003-           
          101 (expressing that the reasonable basis standard was a standard           
          significantly higher than the “not frivolous” standard prior to             
          that standard’s being defined by an amendment to section 1.6662-            
          3(b), Income Tax Regs.).                                                    
               Petitioner has presented neither persuasive evidence nor               
          authority justifying her rejection of the tax advice she received           
          prior to entering into the transactions with Mr. Walker and                 
          Parker Development.  Petitioner’s position on her 1997 and 1998             
          returns was based on an unwarranted assumption that she could               
          disavow the form of the transactions involving the Happy Valley             






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