January 21, 2011
In our prior post on these cases, we compared the different factual findings made by the courts in analyzing penalty exposure under section 6664 and discussed the very factual nature of a reasonable cause and good faith penalty defense. Both cases were subsequently appealed. Canal Corp.looks like it is going to settle with the Fourth Circuit granting a motion to hold the appeal in abeyance pending finalization of that settlement (the company is in bankruptcy). Thus, those hoping for an appellate smack-down of the penalty supporting opinion from the Tax Court will be disappointed. NPR Investments is a different … Read More
September 13, 2010
We have been promising a post on the application of the section 6664 reasonable cause and good faith defense to tax penalties as it relates to reliance on tax advisers. Here it is.
There has been much activity in this area in the district courts and the Tax Court and not much winnowing or rule setting in the circuits. This is understandable; the application of the standards is highly factual and is well-placed in the hands of trial judges. We will analyze here some potential inconsistencies in two recent high-profile section 6664 decisions, Canal Corp. v. Commissioner, (Slip … Read More