Michael E. and Laura A. Taylor - Page 10

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          reasonable cause * * * and that the taxpayer acted in good                  
          faith”.  Sec. 6664(c)(1).  Whether the taxpayer acted with                  
          reasonable cause and in good faith is determined by the relevant            
          facts and circumstances and the extent to which the taxpayer                
          attempted to assess the proper tax liability.  Sec.                         
          1.6664-4(b)(1), Income Tax Regs.; see also Neely v. Commissioner,           
          85 T.C. 934 (1985); Stubblefield v. Commissioner, T.C. Memo.                
          1996-537.                                                                   
               We find petitioner’s claim of the dependency exemption                 
          deduction was in good faith but based on a mistaken view of the             
          law.  Petitioner consistently asserted that he had custody of               
          both of his children for the greater portion of the calendar                
          year.  Respondent’s determination of the accuracy-related penalty           
          under section 6662 is not sustained.                                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent as to the deficiency           
                                        and for petitioners as to the                 
                                        penalty under section 6662.                   












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