Daniel R. Allemeier, Jr. - Page 21

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          D.   Whether Petitioner Is Liable for Accuracy-Related                      
               Penalties Under Section 6662(a)                                        
               Respondent determined that petitioner is liable for an                 
          accuracy-related penalty under section 6662(a) with respect to              
          the underpayment attributable to petitioner’s claimed business              
          expenses.  We disagree.                                                     
               Respondent has the burden of production under section                  
          7491(c) and must come forward with sufficient evidence that it is           
          appropriate to impose the penalty.  See sec. 7491(c); Higbee v.             
          Commissioner, 116 T.C. 438, 446-447 (2001).  The accuracy-related           
          penalty under section 6662(a) does not apply to any portion of an           
          underpayment, however, if it is shown that there was reasonable             
          cause for, and that the taxpayer acted in good faith with respect           
          to, that portion.  Sec. 6664(c)(1); sec. 1.6664-4(b), Income Tax            
          Regs.  The determination of whether the taxpayer acted with                 
          reasonable cause and in good faith depends on the pertinent facts           
          and circumstances, including the taxpayer’s efforts to assess his           
          or her proper tax liability and the knowledge and experience of             
          the taxpayer.  Sec. 1.6664-4(b)(1), Income Tax Regs.                        
               We do not find petitioner liable for a penalty on the                  
          underpayment attributable to the business expenses.  Petitioner             
          prevailed on the tuition expenses he substantiated.  As for the             
          remaining expenses, petitioner established at trial that he                 
          incurred substantial business expenses for which he was not                 
          reimbursed.  Were it not for a loss of records in moves                     





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