Duane D. & Ina R. Gay - Page 8




                                        - 8 -                                         
         disregard.  Sec. 6662(c).                                                    
              The accuracy-related penalty under section 6662(a) does not             
         apply to any portion of an underpayment if it is shown that there            
         was reasonable cause for, and that the taxpayer acted in good                
         faith with respect to, such portion.  Sec. 6664(c)(1).  The                  
         determination of whether the taxpayer acted with reasonable cause            
         and in good faith depends on the pertinent facts and circum-                 
         stances, including the taxpayer’s efforts to assess such tax-                
         payer’s proper tax liability, the knowledge and experience of the            
         taxpayer, and the reliance on the advice of a professional, such             
         as an accountant.  Sec. 1.6664-4(b)(1), Income Tax Regs.                     
              Respondent has the burden of production under section                   
         7491(c) with respect to the accuracy-related penalty under sec-              
         tion 6662.  To meet that burden, respondent must come forward                
         with sufficient evidence indicating that it is appropriate to                
         impose that penalty.  Higbee v. Commissioner, 116 T.C. 438, 446              
         (2001).  Although respondent bears the burden of production with             
         respect to the accuracy-related penalty that respondent deter-               
         mined for petitioners’ taxable years 2000 and 2001, respondent               
         “need not introduce evidence regarding reasonable cause * * * or             
         similar provisions.  * * * the taxpayer bears the burden of proof            
         with regard to those issues.”  Id.                                           
              Petitioners conceded certain determinations that respondent             
         made in the notice for each of the years at issue and, as a                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 10, 2007