Joyce A. Perkins - Page 13




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               There is a “substantial understatement” of an individual’s             
          income tax for any taxable year where the amount of the                     
          understatement exceeds the greater of (1) 10 percent of the tax             
          required to be shown on the return for the taxable year or (2)              
          $5,000.  Sec. 6662(d)(1)(A)(i) and (ii).  However, the amount of            
          the understatement is reduced to the extent attributable to an              
          item (1) for which there is or was substantial authority for the            
          taxpayer’s treatment thereof, or (2) with respect to which the              
          relevant facts were adequately disclosed on the taxpayer’s return           
          or an attached statement and there is a reasonable basis for the            
          taxpayer’s treatment of the item.  See sec. 6662(d)(2)(B).                  
               There is an exception to the section 6662(a) penalty when a            
          taxpayer can demonstrate (1) reasonable cause for the                       
          underpayment and (2) that the taxpayer acted in good faith with             
          respect to the underpayment.  Sec. 6664(c)(1).  Regulations                 
          promulgated under section 6664(c) further provide that the                  
          determination of reasonable cause and good faith “is made on a              
          case-by-case basis, taking into account all pertinent facts and             
          circumstances.”  Sec. 1.6664-4(b)(1), Income Tax Regs.                      
               Reliance upon the advice of a tax professional may, but does           
          not necessarily, establish reasonable cause and good faith for              
          the purpose of avoiding a section 6662(a) penalty.  See United              
          States v. Boyle, 469 U.S. 241, 251 (1985) (“Reliance by a lay               
          person on a lawyer is of course common; but that reliance cannot            







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