Gary W. McDonough - Page 19




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          section 6662(e), by substituting “400 percent” for “200 percent”.           
          Sec. 6662(h)(2)(A).  Pursuant to section 6662(e)(1)(A), as read             
          without the referenced substitution of text, a substantial                  
          valuation misstatement occurs if “the value of any property (or             
          the adjusted basis of any property) claimed on any return * * *             
          is 200 percent or more of the amount determined to be the correct           
          amount of such valuation or adjusted basis”.  After the                     
          referenced substitution of text, a gross valuation misstatement             
          occurs when the value or basis claimed on a return is 400 percent           
          or more of the correct value or basis.                                      
               e.  Reasonable Cause and Good Faith                                    
               No penalty is imposed under section 6662 to the extent that            
          the taxpayer had reasonable cause for the underpayment of tax and           
          acted in good faith with respect to the underpayment.  Sec.                 
          6664(c)(1); see also Hansen v. Commissioner, supra at 1029.  The            
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith is made on a case-by-case basis, taking into              
          account all pertinent facts and circumstances.  Sec.                        
          1.6664-4(b)(1), Income Tax Regs.; see also Hansen v.                        
          Commissioner, supra at 1028-1029.  The extent of the taxpayer’s             
          efforts to ascertain his proper tax liability is generally the              
          most important factor.  Sec. 1.6664-4(b)(1), Income Tax Regs.;              
          see also Hansen v. Commissioner, supra at 1028-1029.                        








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