- 8 - keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b)(1), Income Tax Regs. The term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and the taxpayer acted in good faith with respect to the underpayment. Sec. 6664(c). 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 pertinent facts and circumstances. The most important factor is the extent of the taxpayer's effort to assess the taxpayer's proper tax liability. The evidence in the record shows that petitioner failed to report substantial amounts of income for her 2000 and 2001 tax years. Petitioner made no effort to review the returns before signing them and blamed her return preparer for the omissions. Taxpayers have a duty to read a return and to make sure all items are included. Magill v. Commissioner, 70 T.C. 465, 479-480 (1978) (citing Bailey v. Commissioner, 21 T.C. 678, 687 (1954)), affd. 651 F.2d 1233 (6th Cir. 1981). Petitioner's failure to carefully review her return was not reasonable. See Guenther v. Commissioner, T.C. Memo. 1995-280. On the basis of the record, the Court concludes that petitioner is liable for the accuracy-related penalty under section 6662(a) for 2000 and 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011