Tunji and Christina Mabinuori - Page 11

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          Respondent now concedes that petitioners are not liable for the             
          penalty with respect to the $15 from Farmers.  Respondent                   
          therefore asserts the penalty only with respect to the unreported           
          State income tax refund, see supra note 1, and the unreported               
          self-employment income from MetLife.                                        
               Section 6662(a) provides in relevant part that a taxpayer              
          may be liable for a penalty of 20 percent of the portion of an              
          underpayment of tax attributable to negligence or disregard of              
          rules or regulations.  Sec. 6662(a) and (b)(1).  The term                   
          “negligence” includes any failure to make a reasonable attempt to           
          comply with the provisions of the Internal Revenue Code.  Sec.              
          6662(c).  The term “disregard” includes any careless, reckless,             
          or intentional disregard.  Id.  Respondent has the burden of                
          production with respect to the accuracy-related penalty.  See               
          sec. 7491(c).                                                               
               An exception to the section 6662 penalty applies when the              
          taxpayer demonstrates:  (1) There was reasonable cause for the              
          underpayment, and (2) the taxpayer acted in good faith with                 
          respect to the underpayment.  Sec. 6664(c).  Whether the taxpayer           
          acted with reasonable cause and in good faith is determined by              
          the relevant facts and circumstances on a case-by-case basis.               
          See Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec.                 
          1.6664-4(b)(1), Income Tax Regs.  “Circumstances that may                   
          indicate reasonable cause and good faith include an honest                  
          misunderstanding of fact or law that is reasonable in light of              




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