Anne C. Snyder - Page 21

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          (viz., Sun Life, A.G. Edwards, and American General) would have             
          been required to issue Forms 1099 (i.e., by no later than January           
          31, 2002).                                                                  
               We turn now to petitioner’s claim at trial that she believed           
          that the respective gross distributions made by Sun Life and A.G.           
          Edwards during 2001 were death benefits that are not taxable                
          because some of her widowed friends told her during informal                
          discussions that death benefits are not taxable.  We find that it           
          was unreasonable for petitioner to rely on any such informal                
          statements of her friends in concluding that the respective gross           
          distributions that Sun Life and A.G. Edwards made during 2001 are           
          not taxable.  In determining whether a taxpayer acted with                  
          reasonable cause and in good faith, generally the most important            
          factor to consider “is the extent of the taxpayer’s effort to               
          assess the taxpayer’s proper tax liability.”  Sec. 1.6664-                  
          4(b)(1), Income Tax Regs.  Petitioner should have consulted a               
          professional, and not her friends, about the tax treatment of the           
          respective gross distributions that Sun Life and A.G. Edwards               
          made during 2001.15  The record does not establish, and peti-               

               15We note that the record does not establish that A.G.                 
          Edwards referred to the respective gross distributions that it              
          made during 2001 as death benefits.  The record shows that such             
          distributions were from decedent’s IRA and petitioner’s IRA.  Nor           
          does the record establish that American General referred to the             
          respective distributions that it made during 2001 as death                  
          benefits.  The record shows that such distributions were of                 
          interest and other income.  Although the record establishes that            
                                                             (continued...)           





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