Meleca Vulic - Page 5

                                        - 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 that               






Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011