- 3 - On its 2000 Federal income tax return, petitioner deducted the following amounts for the acquisition and operation of an airplane: Operating expenses of $23,033, interest expenses of $29,742, and depreciation of $128,289. Respondent disallowed these deductions and determined that petitioner was liable for an income tax deficiency of $43,698 and an accuracy-related penalty of $8,740 for 2000. OPINION Pursuant to section 6662(a), a taxpayer may be liable for a penalty of 20 percent on the portion of an underpayment of tax (1) due to negligence or disregard of rules or regulations or (2) attributable to a substantial understatement of tax. Sec. 6662(b). Whether applied because of a substantial understatement of tax or negligence or disregard of rules or regulations, the accuracy-related penalty is not imposed with respect to any portion of the underpayment as to which the taxpayer 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. Relevant factors include the taxpayer’s efforts to assess his proper tax liability, including the taxpayer’s reasonable and good faith reliance on the advice of a professional such as an accountant. See id.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011