Alexander Firsow and Camilla Thomas-Firsow, a.k.a. Camilla Thomas - Page 12

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          1996-537; sec. 1.6664-4(b)(1), Income Tax Regs.  “Circumstances             
          that may indicate reasonable cause and good faith include an                
          honest misunderstanding of fact or law that is reasonable in                
          light of all the facts and circumstances, including the                     
          experience, knowledge, and education of the taxpayer.”  Sec.                
          1.6664-4(b)(1), Income Tax Regs.  A taxpayer is not subject to              
          the addition to tax for negligence where the taxpayer makes                 
          honest mistakes in complex matters, but the taxpayer must take              
          reasonable steps to determine the law and to comply with it.                
          Niedringhaus v. Commissioner, 99 T.C. 202, 222 (1992).  The most            
          important factor is the extent of the taxpayer’s effort to assess           
          the proper tax liability.  Stubblefield v. Commissioner, T.C.               
          Memo. 1996-537; sec. 1.6664-4(b)(1), Income Tax Regs.                       
               Respondent has met his burden of production with respect to            
          the accuracy-related penalties under section 6662(a).  The                  
          returns filed by petitioners contained cautionary language that             
          they failed to heed.  Petitioners did not maintain records for              
          their rental real estate activity, but produced the spreadsheet             
          and daily work log only in response to an examination of their              
          returns by respondent.  Based upon these facts and circumstances,           
          we find that petitioners did not take reasonable steps to                   
          determine the law and to comply with it.  Moreover, petitioners             
          have failed to demonstrate that there was reasonable cause and              
          that they acted in good faith.  Accordingly, we sustain                     






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