Claudia F. Walker - Page 26

                                       - 26 -                                         
               Petitioner’s treatment of the transactions involving the               
          Happy Valley property on her 1997 and 1998 returns was not                  
          supported by substantial authority.  Furthermore, petitioner                
          neither disclosed the relevant facts in those returns nor had a             
          reasonable basis for the position taken on those returns.                   
          Consequently, the understatements of income tax on petitioner’s             
          1997 and 1998 returns cannot be reduced under section                       
          6662(d)(2)(B).                                                              
               Whether the section 6662(a) penalty is applied because of an           
          underpayment attributable to negligence or disregard of the rules           
          or regulations or to a substantial understatement of income tax,            
          the penalty will not be imposed with respect to any portion of              
          the underpayment as to which the taxpayer acted with reasonable             
          cause and in good faith.  Sec. 6664(c)(1); Higbee v.                        
          Commissioner, supra at 448-449.  The decision as to whether a               
          taxpayer acted with reasonable cause and in good faith is made by           
          taking into account all of the pertinent facts and circumstances.           
          Sec. 1.6664-4(b)(1), Income Tax Regs.                                       
               Generally, the most important factor in deciding whether a             
          taxpayer acted with reasonable cause and in good faith is the               
          extent of the taxpayer’s effort to assess the taxpayer’s proper             
          tax liability.  Id.  Petitioner primarily argues that she acted             
          with reasonable cause and in good faith because she filed her               
          1997 and 1998 returns in accordance with an agreement that she              






Page:  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