- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011