- 152 - underpayment of tax due to, inter alia, any substantial understatement of income tax. Sec. 6662(b)(2). An understatement of income tax is “substantial” if it exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1)(A). An “understatement” is defined as the excess of the tax required to be shown on the return over the tax actually shown on the return, less any rebate. Sec. 6662(d)(2)(A). The section 6662(a) penalty will not be imposed with respect to any portion of the underpayment as to which the taxpayer acted with reasonable cause and in good faith. Sec. 6664(c)(1); see also Higbee v. Commissioner, 116 T.C. 438, 448 (2001). The decision as to whether a taxpayer acted with reasonable cause and in good faith is made by taking into account all of the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Relevant factors include the taxpayer’s efforts to assess his or her proper tax liability, including the taxpayer’s reasonable and good faith reliance on the advice of a tax professional. See id. Petitioners argue that the accuracy-related penalties should not be imposed against the Roses because “respondent is unable to carry his burden of production as to the penalty pursuant to the requirements of IRS sec. 7491(c).” Petitioners further argue that “respondent has failed to adequately consider the reasonable cause prong of the penalty provision” because “Rose relied on thePage: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
Last modified: May 25, 2011