Douglas A. Gibson - Page 15
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indicating that it is appropriate to impose the penalty. See
Higbee v. Commissioner, 116 T.C. 438, 446 (2001). Once the
Commissioner meets this burden of production, the taxpayer must
come forward with persuasive evidence that the Commissioner’s
determination is incorrect. Rule 142(a); see Higbee v.
Commissioner, supra. The taxpayer may meet this burden by
proving that he or she acted with reasonable cause and in good
faith. See sec. 6664(c)(1); see also Higbee v. Commissioner,
supra; sec. 1.6664-4(b)(1), Income Tax Regs.
Respondent met his burden of production pursuant to section
7491(c). Petitioner’s 2002 income tax return contains an
understatement of income tax greater than $5,000. See sec.
6662(d)(1)(A)(ii). Accordingly, petitioner bears the burden of
proving that the accuracy-related penalty should not be imposed
with respect to any portion of the underpayment for which he
acted with reasonable cause and in good faith. See sec.
6664(c)(1); Higbee v. Commissioner, supra at 446. Relevant
factors include the taxpayer’s efforts to assess his proper tax
liability, including the taxpayer’s reasonable and good faith
reliance on the advice of a professional. Sec. 1.6664-4(b)(1),
Income Tax Regs.
Petitioner has no relevant tax education, sophistication, or
business experience. Petitioner engaged an experienced tax
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Last modified: November 10, 2007