Orneal and Martha Kooyers, et al. - Page 41

                                       - 41 -                                         
          burden of production.  Petitioners have the burden of proving               
          that the accuracy-related penalty does not apply.                           
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment, however, if a taxpayer             
          shows that there was reasonable cause for, and that the taxpayer            
          acted in good faith with respect to, that portion.  Sec.                    
          6664(c)(1); sec. 1.6664-4(b), Income Tax Regs.  Generally, the              
          responsibility to file accurate returns and pay tax when due                
          rests upon the taxpayer and cannot be delegated; the taxpayer may           
          have to bear the consequences of any negligent errors committed             
          by his or her agent.  Pritchett v. Commissioner, 63 T.C. 149,               
          173-175 (1974); Am. Props., Inc. v. Commissioner, 28 T.C. 1100,             
          1116-1117 (1957), affd. 262 F.2d 150 (9th Cir. 1958).                       
               The determination of whether the taxpayers acted with                  
          reasonable cause and in good faith depends on the pertinent facts           
          and circumstances, including the taxpayer’s efforts to assess his           
          or her proper tax liability, the knowledge and experience of the            
          taxpayers, and the reliance on the advice of the professional.              
          Sec. 1.6664-4(b)(1), Income Tax Regs.  Reasonable cause has been            
          found when a taxpayer selects a competent tax adviser, supplies             
          the adviser with all relevant information, and, consistent with             
          ordinary business care and prudence, relies on the adviser’s                
          professional judgment as to the taxpayer’s tax obligations.  Sec.           
          6664(c); United States v. Boyle, 469 U.S. 241, 250-251 (1985);              






Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011