Patrick G. & Valerie V. O'Malley - Page 46




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          tion with respect to the December 2, 1999 transaction that “The              
          only rational explanation supported by the record is that the                
          Petitioners were engaged in obtaining financing” with respect to             
          lot 5.                                                                       
               Petitioners do not dispute that if the Court were to reject,            
          as the Court has, petitioners’ substantial authority argument,               
          there would be a substantial understatement of tax within the                
          meaning of section 6662(d)(1)(A) for their 1999 taxable year.  We            
          conclude that the burden of production under section 7491(c)                 
          imposed on respondent with respect to the accuracy-related pen-              
          alty is satisfied.                                                           
               Petitioners not only advance petitioners’ substantial au-               
          thority argument in support of their position that they are not              
          liable for 1999 for the portion of the accuracy-related penalty              
          that is attributable to their tax treatment of the December 2,               
          1999 transaction, they also maintain that they are not liable for            
          such portion of the penalty because they had reasonable cause                
          for, and acted in good faith in, not reporting that transaction              
          as a sale in their 1999 return.                                              
               In determining whether a taxpayer acted with reasonable                 
          cause and in good faith, generally the most important factor to              
          consider “is the extent of the taxpayer’s effort to assess the               
          taxpayer’s proper tax liability.”  Sec. 1.6664-4(b)(1), Income               
          Tax Regs.  Petitioners made no effort to ascertain the proper tax            







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