David and Gail Vigil - Page 20




                                       - 19 -                                         
          a taxpayer establishes that there was reasonable cause for the              
          underpayment and that he acted in good faith with respect to that           
          portion.  Sec. 6664(c)(1); sec. 1.6664-4(b), Income Tax Regs.;              
          see also Higbee v. Commissioner, 116 T.C. at 448.  Although not             
          defined in the Code, “reasonable cause” is viewed in the                    
          applicable regulations as the exercise of “ordinary business care           
          and prudence”.  Sec. 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.  Considering the taxpayer’s education, experience, and            
          knowledge, a reasonable misunderstanding of fact or law may                 
          indicate reasonable cause and good faith.  Higbee v.                        
          Commissioner, supra at 449.                                                 
               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.  Furthermore, a               
          substantial understatement of income tax is reduced by that                 
          portion of the understatement attributable to the tax treatment             








Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next 

Last modified: March 27, 2008