- 11 - 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 FormPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011