Darryl F. Royster - Page 30




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          10 percent of the tax required to be shown on the tax return or             
          $5,000.  Sec. 6662(d)(1).                                                   
               Section 7491(c) requires the Commissioner to carry the                 
          burden of production with regard to penalties.  Higbee v.                   
          Commissioner, 116 T.C. 438, 446 (2001).  Once the burden of                 
          production is met, the taxpayer must come forward with sufficient           
          evidence that the penalty does not apply.  Id. at 447.                      
          Respondent has satisfied his burden by showing that petitioner’s            
          understatements of tax, which exceeded $5,000, were substantial.            
               The accuracy-related penalty is not imposed with respect to            
          any portion of the underpayment if the taxpayer can establish               
          that he acted with reasonable cause and in good faith.  Sec.                
          6664(c)(1).  The decision as to whether the taxpayer acted with             
          reasonable cause and in good faith depends upon all pertinent               
          facts and circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.             
          Circumstances indicating that a taxpayer acted with reasonable              
          cause and in good faith include “an honest misunderstanding of              
          fact or law that is reasonable in light of all of the facts and             
          circumstances, including the experience, knowledge and education            
          of the taxpayer.”  Id.                                                      
               Although petitioner did not raise the issue of reasonable              
          cause or good faith in the petition, per se, he did raise as an             
          issue that his belief that he was entitled to deduct expenses for           








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