Mehrdad Hamzeye Langroudi - Page 11

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          taxpayer bears the burden of supplying sufficient evidence to               
          persuade the Court that the Commissioner’s determination is                 
          incorrect.  Id. at 447.                                                     
               Section 6662(a) provides an accuracy-related penalty equal             
          to 20 percent of the underpayment required to be shown on a                 
          return due to negligence or disregard of rules or regulations.              
          Sec. 6662(b)(1).  For purposes of section 6662, the term                    
          “negligence” includes “any failure to make a reasonable attempt             
          to comply with the provisions of * * * [the Code], and the term             
          ‘disregard’ includes any careless, reckless, or intentional                 
          disregard.”  Sec. 6662(c).  “Negligence” also includes any                  
          failure by a taxpayer to keep adequate books and records or to              
          substantiate items properly.  Sec. 1.6662-3(b), Income Tax Regs.            
               An accuracy-related penalty is not imposed with respect to             
          any portion of the underpayment as to which the taxpayer acted              
          with reasonable cause and in good faith.  Sec. 6664(c)(1); see              
          Higbee v. Commissioner, supra at 448.  This determination is made           
          based on all the relevant facts and circumstances.  Higbee v.               
          Commissioner, supra at 448; sec. 1.6664-4(b)(1), Income Tax Regs.           
          “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 such as an              
          accountant.”  Higbee v. Commissioner, supra at 448-449.                     

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