Magellean Askew, Jr. - Page 16

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                An understatement of income tax is “substantial” if it                
          exceeds the greater of 10 percent of the tax required to be shown           
          on the return, or $5,000.  Sec. 6662(d)(1)(A).  An                          
          “understatement” is defined as the excess of the tax required to            
          be shown on the return over the tax actually shown on the return.           
          Sec. 6662(d)(2)(A).                                                         
                Whether the accuracy-related penalty is applied because of            
          negligence or disregard of rules or regulations, or a substantial           
          understatement of tax, section 6664 provides an exception to                
          imposition of the accuracy-related penalty if the taxpayer                  
          establishes that there was reasonable cause for the                         
          understatement 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 a taxpayer acted             
          with reasonable cause and in good faith is made on a case-by-case           
          basis, taking into account all the pertinent facts and                      
          circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.  Generally,           
          the most important factor is the extent of the taxpayer’s effort            
          to assess the proper tax liability for such year.  Id.                      
                By virtue of section 7491(c), the Commissioner has the                
          burden of production with respect to a taxpayer’s liability for             
          any penalty.  To meet this burden, the Commissioner must produce            
          sufficient evidence indicating that it is appropriate to impose             
          the relevant penalty.  Higbee v. Commissioner, 116 T.C. 438, 446            






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