- 5 - burden of production is met, the taxpayer must come forward with sufficient evidence that the penalty does not apply. Id. at 447. Petitioner reported a tax liability of $16,854 on her 2000 tax return. Respondent determined that petitioner’s corrected tax liability was $24,971. The difference is fully attributable to petitioner’s omission of the additional tax under section 72(t) of $8,117. Respondent has satisfied his burden by showing that the understatement of tax exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. The accuracy-related penalty is not imposed, however, with respect to any portion of the understatement if petitioner can establish that she 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. Circumstances that may indicate that a taxpayer acted with reasonable cause and in good faith include “an honest misunderstanding of fact or law that is reasonable in light of all of the facts and circumstances, including the experience, knowledge, and education of the taxpayer.” Id. It is clear to the Court that petitioner is unsophisticated as to tax matters. After providing her tax preparer with her tax information, she relied reasonably and in good faith on the tax preparer to prepare an accurate tax return. We conclude thatPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011