- 24 - 2(c), Income Tax Regs. The penalties cannot be stacked, even when the taxpayer’s understatement of income is attributable to more than one of the types of misconduct listed in section 6662(b). Id. Because petitioner’s underpayments of tax were the result of either gross valuation misstatements or negligence, we need not consider whether those underpayments were also the result of substantial understatements of income tax. F. Alleged Defenses to the Accuracy-Related Penalties 1. Section 6664(c)(1): Reasonable Cause No penalty is imposed under section 6662 if the taxpayer had reasonable cause for the underpayment of tax and acted in good faith. Sec. 6664(c)(1). “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. The extent of the taxpayer’s efforts to ascertain his proper tax liability is generally the most important factor. Id. a. Reliance on the Hoyt Organization Good faith reliance on professional advice concerning tax laws may be a defense to negligence penalties. United States v. Boyle, 469 U.S. 241, 250-251 (1985); see also sec. 1.6664- 4(b)(1), Income Tax Regs. However, “Reliance on professional advice, standing alone, is not an absolute defense to negligence, but rather a factor to be considered.” Freytag v. Commissioner,Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011