Shawn Timothy Hynes - Page 12




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          deliberate.  As further evidence of his asserted good faith,                
          petitioner testified that he submitted an installment payment               
          request before an assessment was made on his account and that he            
          made four payments totaling $1,345.                                         
               Receipt of a Form 1099-MISC is not required to remind a                
          taxpayer of income that must be reported on his or her Federal              
          income tax return.  Brunsman v. Commissioner, T.C. Memo. 2003-              
          291.  The gross amount of the distribution, $16,263, represented            
          approximately 24 percent of petitioner’s total taxable income for           
          2003.  Petitioner’s argument that he did not remember this                  
          distribution at the time he filed his 2003 return because of the            
          extraordinary demands of his job as an attorney is without merit.           
               Finally, as respondent correctly argued at trial,                      
          petitioner’s contention that his attempt to pay off the tax                 
          through an installment agreement shows his good faith is                    
          irrelevant under these facts and circumstances.  What controls              
          here is petitioner’s good faith at the time the return was filed,           
          rather than the action he took after he received the notice of              
          deficiency.  Sec. 6664(c)(1).  Accordingly, we sustain                      
          respondent’s determination with respect to the accuracy-related             
          penalty under section 6662(a).                                              









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