- 5 - basis standard is not satisfied by a return position that is merely arguable or a colorable claim. Id. Petitioner did disclose the receipt of his settlement award by attaching the Form 1099-MISC and an explanatory addendum to his return. He did not, however, have a reasonable basis for his position. Thus, a reduction in the understatement, for purposes of the accuracy- related penalty, is not warranted. Section 6664(c)(1) provides that no penalty shall be imposed if a taxpayer demonstrates that there was reasonable cause for the underpayment and the taxpayer acted in good faith. The determination of whether a taxpayer acted with reasonable cause and in good faith depends upon the facts and circumstances, including the experience, knowledge, and education of the taxpayer. See sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner maintains that he attached the Form 1099-MISC to his return as “a good-faith effort to show that * * * [he] had received something that wasn’t subject to tax.” Petitioner, a lawyer who had previously worked with the Internal Revenue Service, failed, however, to make even a minimal effort to determine whether his position was correct. In short, he did not act with reasonable cause when he failed to report his settlement award as taxable income. Accordingly, he is liable for the section 6662(a) accuracy-related penalty.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007