- 13 - reasonable cause and good faith. Secs. 6662(d)(2)(B), 6664(c)(1). Under section 7491(c), respondent has the burden of production with respect to a section 6662 accuracy-related penalty. Once respondent meets that burden of production, however, the taxpayer continues to have the burden of proof with regard to whether respondent’s determination of the penalty is correct. Rule 142(a); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). As a result of our holdings herein, petitioner, on his 1997 individual Federal income tax return, understated his tax by more than $5,000 and also by more than 10 percent of the tax required to be shown. Respondent has met his burden of production with respect to the accuracy-related penalty.4 Petitioner argues that the understatement of tax on his 1997 individual Federal income tax return was due to reasonable cause and was made in good faith because of his reliance on his accountant. We disagree. The only alleged erroneous advice petitioner’s accountant gave to petitioner related to the carryforward of the claimed 1996 NOL to 1997 instead of a carryback thereof to 1993, 1994, and 1995. That advice, however, has no bearing on our holding 4The actual amount to which the sec. 6662 accuracy-related penalty applies is subject to the Rule 155 computation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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