- 7 - with the provisions of the Internal Revenue Code. Sec. 6662(c). “Disregard” consists of any careless, reckless, or intentional disregard. Id. An exception applies to the accuracy-related penalty when the taxpayer demonstrates (1) there was reasonable cause for the underpayment, and (2) he or she acted in good faith with respect to such underpayment. See sec. 6664(c). Whether the taxpayer acted with reasonable cause and in good faith is determined by the relevant facts and circumstances. The most important factor is the extent of the taxpayer’s effort to assess the proper tax liability. See Stubblefield v. Commissioner, T.C. Memo. 1996- 537; sec. 1.6664-4(b)(1), Income Tax Regs. Section 1.6664- 4(b)(1), Income Tax Regs., specifically provides in part: “Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge and education of the taxpayer.” It is the taxpayer’s responsibility to establish he or she is not liable for the accuracy-related penalty imposed by section 6662(a). See Rule 142(a). Petitioners failed to explain adequately why they did not report all of their income for 1995. On the basis of the entire record, we conclude that petitioners have not established that the underpayment of tax was due toPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011