Tunji and Christina Mabinuori - Page 12

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          all the facts and circumstances, including the experience,                  
          knowledge, and education of the taxpayer.”  Sec. 1.6664-4(b)(1),            
          Income Tax Regs.  The most important factor is the extent of the            
          taxpayer’s effort to assess the proper tax liability.                       
          Stubblefield v. Commissioner, supra; sec. 1.6664-4(b)(1), Income            
          Tax Regs.                                                                   
               With respect to the unreported State income tax refund,                
          petitioners acknowledge receipt of this income and that it was              
          “mistakenly” omitted from their 2002 tax return.  Petitioners did           
          not attempt to explain the reason for the omission.  We conclude            
          that respondent has met his burden of production and that                   
          petitioners have not shown reasonable cause for their failure to            
          report this item.                                                           
               With respect to the self-employment income, petitioners did            
          not receive the Form 1099-MISC, which was sent to their former              
          address.  We have held that failure to receive a Form 1099-MISC             
          does not necessarily constitute reasonable cause for failure to             
          report income.  See Goode v. Commissioner, T.C. Memo. 2006-48;              
          Brunsman v. Commissioner, T.C. Memo. 2003-291 (taxpayer “did not            
          need to receive a Form 1099-MISC to be alerted to the fact that             
          he received compensation from * * * [a third party] for his                 
          services.”).  In this case, however, we find it significant that            
          petitioners received a Form W-2 from MetLife.  Petitioners may              
          not have understood the distinction between wage income and self-           
          employment income; i.e., that they should have received a Form              




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