- 16 - 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 $16,709Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011