Albert R. Matthews - Page 17

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          reasonable cause and good faith depends upon all the pertinent              
          facts and circumstances.  See sec. 1.6664-4(b)(1), Income Tax               
          Regs.  Relevant factors include the taxpayer’s efforts to assess            
          his proper tax liability, including the taxpayer’s reasonable and           
          good faith reliance on the advice of a professional such as an              
          accountant.  See id.  Further, an honest misunderstanding of fact           
          or law that is reasonable in light of the experience, knowledge,            
          and education of the taxpayer may indicate reasonable cause and             
          good faith.  See Remy v. Commissioner, T.C. Memo. 1997-72; sec.             
          1.6664-4(b)(1) Income Tax Regs.                                             
               As discussed above, section 7491(c) imposes upon the                   
          Commissioner the burden of production with regard to any penalty            
          or addition to tax, including the section 6662(a) penalty.  Once            
          the Commissioner comes forward with sufficient evidence to                  
          indicate that it is appropriate to impose the section 6662(a)               
          penalty, the taxpayer has the burden of proof in regard to                  
          whether the taxpayer acted with reasonable cause and in good                
          faith under section 6664(c)(1).  Higbee v. Commissioner, supra at           
          447; Emerson v. Commissioner, T.C. Memo. 2003-82.                           
               In the notice of deficiency, respondent summarized his                 
          calculations of petitioner’s underpayments of tax as follows:               
          (1) In 1997, respondent calculated an understatement of $25,731             
          on a tax liability of $71,354, or a 36-percent understatement,              
          (2) in 1998, respondent calculated an understatement of $16,709             






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