- 16 - 1. William C. and Josephine Houchin Respondent determined an accuracy-related penalty under section 6662(a) of $53,532 with regard to petitioners William C. and Josephine Houchin’s 1999 Federal income tax.9 It is clear from the record that William and Josephine Houchin provided their accountant, Jim Garner, all records and information necessary to prepare their 1999 Federal income tax return. Mr. Garner conversed with William and Josephine Houchin to determine the correct treatment of the settlement agreement proceeds. William and Josephine Houchin relied upon Mr. Garner to prepare the return, and Mr. Garner was aware of William and Josephine Houchin’s reliance. It is clear from the record that William and Josephine Houchin reasonably relied in good faith on their accountant. We conclude that for the year in issue William and Josephine Houchin had reasonable cause and acted in good faith as to any underpayment resulting from the settlement agreement proceeds. Accordingly, we hold that William and Josephine Houchin are not liable for the penalty pursuant to section 6662(a). 9 Because we find for respondent with regard to the recognition of income by W.C. Houchin Corp. in 1998, we need not decide the deficiency issued to William and Josephine Houchin for the year 1999 as petitioner and respondent stipulated the treatment of the adjustments asserted in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011