- 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 shePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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