- 11 - cause and that the taxpayer acted in good faith. Sec. 6664(c); sec. 1.6664-4(a), Income Tax Regs. Reasonable cause may be shown by a good faith effort by the taxpayer to determine the correct tax liability. Larson v. Commissioner, T.C. Memo. 2002-295. Mr. Hurley testified that he discussed this exclusion with numerous law enforcement individuals who were excluding a portion of their income due to a permanent disability, and they confirmed to him that this was a common practice among law enforcement officers. In addition, petitioners conferred over the phone with a representative of a tax return preparation service, H&R Block, who also advised that such a reduction was allowable and common practice. The Court finds Mr. Hurley’s testimony credible. Petitioners made no effort to hide the reason they were excluding 30 percent of Mr. Hurley’s income; in fact, they attached a written explanation of the exclusion to their 1999 Federal income tax return. In addition, once petitioners received the notice of deficiency, they included 100 percent of Mr. Hurley’s income on their subsequent income tax returns while awaiting a decision by this Court. Petitioners’ actions amount to reasonableness under section 6662(c), and their actions are not considered by the Court to amount to “careless, reckless, or intentional disregard”. Section 6662(b)(2) also provides a penalty in the amount of 20 percent for any “substantial understatement of income tax”. APage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011