- 8 - respect to the accuracy-related penalty. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). An exception to the section 6662 penalty applies when the taxpayer demonstrates: (1) There was reasonable cause for the underpayment, and (2) the taxpayer acted in good faith with respect to the underpayment. Sec. 6664(c). Whether the taxpayer acted with reasonable cause and in good faith is determined by the relevant facts and circumstances on a case-by-case basis. See Stubblefield v. Commissioner, T.C. Memo. 1996-537; sec. 1.6664-4(b)(1), Income Tax Regs. “Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge, and education of the taxpayer.” Sec. 1.6664-4(b)(1), Income Tax Regs. It does not appear that petitioner’s husband was involved in any of the above-described dealings with petitioner’s father and Mr. Falcon. We therefore focus on petitioner. Petitioner stopped attending school during the seventh grade and has a limited command of English. It is not clear what petitioner understood when the funds were deposited into the joint account or when she signed the check payable to her father in the amount of $415,000. It is clear that petitioner relied upon Mr. Falcon’s advice during these financial transactions. Taking intoPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007