Timothy A. Runels and Emma Valdivieso Runels, et al. - Page 19




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          including negligence or disregard of rules or regulations and a             
          substantial understatement of income tax.  See sec. 6662(b)(1)              
          and (2).  “Negligence” includes any failure to make a reasonable            
          attempt to comply with the provisions of the Internal Revenue               
          Code, including any failure to keep adequate books and records or           
          to substantiate items properly.  See sec. 6662(c); sec.                     
          1.6662-3(b)(1), Income Tax Regs.  A “substantial understatement”            
          includes an understatement of tax that exceeds the greater of 10            
          percent of the tax required to be shown on the return or $5,000.            
          See sec. 6662(d)(1)(A); sec. 1.6662-4(b), Income Tax Regs.                  
               Section 6664(c)(1) provides that the penalty under section             
          6662(a) shall not apply to any portion of an underpayment if it             
          is shown that there was reasonable cause for the taxpayer’s                 
          position and that the taxpayer acted in good faith with respect             
          to that portion.  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.  The most             
          important factor is the extent of the taxpayer’s effort to assess           
          his proper tax liability for the year.  Id.                                 
               Petitioners had a substantial understatement of tax for 2002           
          since the understatement amount exceeded the greater of 10                  
          percent of the tax required to be shown on the return or $5,000.            
          Petitioners claimed deductions for 2003 farm expenses to which              







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