- 9 - deficiency, the Commissioner does not specify why he imposed the penalty, but there are only two possibilities: (1) negligence; or (2) a substantial understatement. Part of this penalty will disappear with the portion of the underpayment traceable to the cash purchases that we have allowed. Section 6664 may provide a defense to the remainder-- under either the negligence or substantial understatement theory--“if it is shown that there was a reasonable cause * * * and that the taxpayer acted in good faith.” Sec. 6664(c)(1). The regulations issued under this section require that our analysis be conducted “on a case-by-case basis, taking into account all pertinent facts and circumstances.” Sec. 1.6664- 4(b), Income Tax Regs. The crucial fact here is that the Coxes relied in good faith on Spiller to correctly prepare their tax return based on the financial records and receipts they gave him. This was reasonable--he was a former IRS auditor, and had competently done their taxes in the past before his evidently rapid decline and death. While a taxpayer cannot hide behind a tax preparer or adviser, we have often held that a taxpayer who supplies his preparer with accurate information relating to the return is not negligent in relying upon the preparer’s advice. Kurzet v. Commissioner, T.C. Memo. 1997-54, affd., revd., and remanded on other issues, 222 F.3d 830 (10th Cir. 2000). We do not fault the Coxes for the errors on their return when the mistakes stemmedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011