- 4 - 6664(c)(1); sec. 1.6664-4(a), Income Tax Regs. 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 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 taxpayer’s proper tax liability. Id. Section 7491(c) places on the Commissioner the burden of producing evidence showing that it is appropriate to impose any penalty or addition to tax. Once the Commissioner meets that burden, the taxpayer must produce evidence sufficient to show that Commissioner’s determination is incorrect. Higbee v. Commissioner, 116 T.C. 438, 447 (2001). The Commissioner need not produce evidence relating to defenses such as reasonable cause. Id. at 446. Petitioner acknowledges receiving the Form 1099-R but claims that “It got misplaced.” Even if this is true, there is no indication petitioner timely contacted UBS PaineWebber for a replacement Form 1099-R or otherwise informed the accounting firm of the retirement income. Accordingly, we conclude that respondent has met his burden of production by showing that petitioners failed to exercise ordinary and reasonable care in preparing their 2001 tax return. See sec. 6662(c); Gowni v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011