- 12 - understatement exceeds the greater of $5,000 or 10 percent of the amount of tax required to be shown on a return. Sec. 6662(d)(1)(A). Whether applied because of a substantial understatement of tax or negligence or disregard of rules or regulations, the accuracy-related penalty is not imposed with respect to any portion of the underpayment as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1). The decision as to whether the taxpayer acted with reasonable cause and in good faith depends upon all the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Respondent determined tax deficiencies of $17,091 and $17,867 for 1997 and 1998, respectively. Petitioners conceded at trial that respondent’s adjustments to petitioners’ tax liability in the notice of deficiency were correct, with the exception of self-employment tax. We have found for respondent on the issues of petitioners’ self-employment tax liability and the deductibility of losses from their horse activity. Respondent has met his burden of production. Petitioners did not present any evidence indicating reasonable cause or substantial authority. See secs. 6662, 6664. Accordingly, we sustain respondent’s penalty determination. B. Addition to Tax Respondent determined that petitioners are liable for anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011