Waterfall Farms, Inc. - Page 25

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               The penalty under section 6662(a) does not apply to any                
          portion of an understatement of tax if it is shown that there was           
          reasonable cause for the taxpayer’s position and that the                   
          taxpayer acted in good faith with respect to that portion.  Sec.            
          6664(c)(1).  The determination of whether a taxpayer acted with             
          reasonable cause and in good faith is made on a case-by-case                
          basis, taking into account all the pertinent facts and                      
          circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.  The most             
          important factor is the extent of the taxpayer’s effort to assess           
          his/her proper tax liability for the year.  Id.  The good faith             
          reliance on the advice of an independent, competent professional            
          as to the tax treatment of an item may meet this requirement.               
          Sec. 1.6664-4(b), Income Tax Regs.                                          
               Despite the fact that petitioners have the burden of proof,            
          see supra note 3, petitioners have made no showing that they made           
          an attempt to comply with the tax rules and regulations with                
          regard to those deductions taken by Waterfall Farms for the years           
          at issue which have been disallowed.  Hence, with respect to                
          those deductions, petitioners have failed to show that Waterfall            
          Farms was not negligent.  Nor have petitioners showed that they             
          acted in good faith with respect to, or that there was reasonable           
          cause for, the position they took.                                          
               Further, petitioners do not claim that they relied on Mr.              
          Bleeker or any other professional as to the tax treatment of the            






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Last modified: May 25, 2011