- 21 - 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 movesPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011