PK Ventures, Inc. and Subsidiaries, et al. - Page 68

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          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 the           






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