Allen and Mary Doxtator - Page 33

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               The Commissioner has the burden of production under section            
          7491(c) with respect to the liability of any individual for a               
          penalty imposed by the Internal Revenue Code and must come                  
          forward with sufficient evidence indicating that it is                      
          appropriate to impose the penalty.  See Higbee v. Commissioner,             
          116 T.C. 438, 446-447 (2001).  Because we have sustained, or                
          petitioners have conceded, every element of the deficiencies                
          determined for 1997 and 1999, each of which exceeds the greater             
          of 10 percent of the tax required to be shown on the return or              
          $5,000, respondent has met his burden of production with respect            
          to the penalties for substantial understatement in 1997 and 1999.           
          Once the Commissioner meets the burden of production, the                   
          taxpayer must come forward with persuasive evidence that the                
          Commissioner's determination as to the penalties is incorrect or            
          that the taxpayer had reasonable cause or substantial authority             
          for his position.  Id. at 447; sec. 1.6664-4, Income Tax Regs.              
               A penalty under section 6662(a) will not be 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); Higbee v. Commissioner, supra at 448.  The decision             
          as to whether a taxpayer acted with reasonable cause and in good            
          faith is made by taking into account 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 or her                 






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