- 15 - 301.6651-1(c)(1), Proced. & Admin. Regs.; see United States v. Boyle, supra at 246. The determination of whether a taxpayer acted with reasonable cause and in good faith is made on a case-by-case basis, taking into account all the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Generally, the most important factor is the extent of the taxpayer’s effort to assess the proper tax liability, including reliance on the advice of a tax return preparer. However, reliance on a professional adviser, alone, is insufficient; the reliance must be reasonable, and the taxpayer must act in good faith. Sec. 1.6664-4(b)(1), Income Tax Regs. Respondent argues that petitioner’s failure to investigate fully the propriety of this deduction is a clear indicium of negligence, because any reasonable taxpayer would recognize that an allowable deduction for all the expenses of an advanced degree is probably too good to be true.10 However, in providing a reasonable cause and good faith exception to the section 6662 penalty, section 1.6664-4, Income Tax Regs., also provides a relevant example wherein a taxpayer engages a professional tax adviser for advice on the 10 Respondent relies on sec. 1.6662-3(b)(ii), Income Tax Regs., which states that negligence is strongly indicated where “A taxpayer fails to make a reasonable attempt to ascertain the correctness of a deduction, credit or exclusion on a return which would seem to a reasonable and prudent person to be ‘too good to be true’”.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: March 27, 2008