Richard William Corduan - Page 9

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               Section 6664(c)(1) provides that the penalty under section             
          6662(a) shall not apply to any portion of an underpayment 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.  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.  See sec. 1.6664-4(b)(1), Income Tax Regs.  The              
          most important factor is the extent of the taxpayer's effort to             
          assess his proper tax liability for the year.  See id.                      
          Petitioner failed to keep adequate books and records reflecting             
          expenses of his Daybreak activity and to properly substantiate              
          other items reported on his return.  See sec. 6662(c); sec.                 
          1.6662-3(b)(1), Income Tax Regs.  There is an understatement of             
          tax greater than $5,000.  The Court concludes that respondent has           
          produced sufficient evidence to show that the section 6662                  
          accuracy-related penalty is appropriate.  Nothing in the record             
          indicates petitioner acted with reasonable cause and in good                
          faith.  The Court holds that the record supports respondent's               
          determination that petitioner is liable for the accuracy-related            
          penalty.                                                                    











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