Daniel and Kristen Panice - Page 8




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          most important factor.  Sec. 1.6664-4(b)(1), Income Tax Regs.;              
          see also Hansen v. Commissioner, supra at 1028-1029.                        
               Reasonable cause and good faith under section 6664(c) may be           
          established where there is an honest misunderstanding of fact or            
          law that is reasonable in light of all facts and circumstances,             
          including the experience, knowledge, and education of the                   
          taxpayer.  Sec. 1.6664-4(b)(1), Income Tax Regs.  Reasonable                
          cause and good faith are not necessarily established by reliance            
          on facts that, unknown to the taxpayer, are incorrect.  Id.                 
          3.  Applicability of Sections 6662(h) and 6664                              
               In Durham Farms #1, J.V. v. Commissioner, T.C. Memo.                   
          2000-159, the Court held that TBS 90-1 did not receive the                  
          benefits and burdens of ownership of the cattle in dispute there            
          and was not entitled to partnership deductions and losses claimed           
          with respect thereto.  The Court’s decision stated that the                 
          partnership’s “Depreciation Expense”, which was reported as                 
          $2,174,204, was zero.  The disallowance of that item resulted in            
          a computational adjustment (and tax understatement) for 1992, and           
          a corresponding assessment against petitioners, of $28,346.                 
          Because petitioners’ adjusted basis for the depreciation expense            
          deduction also was zero, the underpayment for 1992 resulting from           
          the disallowance of petitioners’ share of the partnership loss              
          from TBS 90-1, most of which was attributable to a disallowed               
          depreciation expense, is attributable to an overstatement of                







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