Daniel F. Monte - Page 9

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          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.; see United States v. Boyle, 469 U.S. 241, 242             
          (1985).  Although not defined in the Code, “reasonable cause” is            
          viewed in the applicable regulations as the “exercise of ordinary           
          business care and prudence”.  Sec. 301.6651-1(c)(1), Proced. &              
          Admin. Regs.; see United States v. Boyle, supra at 246.  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, including reliance on facts that, unknown to the                 
          taxpayer, are incorrect.  Id.                                               







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