Diane and Frank Burkley - Page 18




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          by-case basis, taking into account all the pertinent facts and               
          circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.  The                   
          taxpayer’s education, experience, and knowledge are considered in            
          determining reasonable cause and good faith.  And, generally, the            
          most important factor is the extent of the taxpayer’s effort to              
          assess his or her proper tax liability.  Sec. 1.6664-4(b)(1),                
          Income Tax Regs.                                                             
               Respondent determined an accuracy-related penalty under                 
          section 6662(a) to be applicable in this case because petitioners            
          understated their income tax by $10,048 on their 2002 return.                
          Because petitioners’ understatement of tax was greater than 10               
          percent of the tax required to be shown on the return, or $5,000,            
          the understatement was a substantial understatement of income tax            
          pursuant to section 6662(d)(1)(A)(i) and (ii).                               
               Petitioners argue that they should not be held liable for               
          the penalty because of their reliance on the income tax                      
          preparation provided to them by Mr. Ingram.                                  
               Respondent carries the burden of production under section               
          7491(c) with respect to the accuracy-related penalty under                   
          section 6662.  To meet that burden, respondent must come forward             
          with sufficient evidence indicating that it is appropriate to                
          impose the penalty.  Higbee v. Commissioner, 116 T.C. 438, 446               
          (2001).  Although respondent bears the burden of production with             
          respect to the penalty, respondent “need not introduce evidence              







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