Ostrich Revene Service
Decision of the Day points to a recent appeals court verdict against a tax payer who was fighting a $784 IRS negligence penalty. Here is, I kid you not, a direct quote from the decision:A taxpayer is not required to be perfect for this would be an unrealistic expectation. Even tax specialists cannot be perfect. The Code is complex. Reasonable minds can differ over tax reporting and sometimes the IRS disallows certain transactions. Every time a transaction is challenged or disallowed, the taxpayer is not liable for penalties. Only those taxpayers who fail to meet the applicable standard of care - to do what a reasonable taxpayer would do under the circumstances - can be slapped with negligence penalties and interest. Again, perfection is not required, but when the predators are circling, no reasonable ostrich sticks its head in the sand. See American Ostrich Association: Fact or Fiction, available at http://www.ostriches.org/factor.html#head (stating that ostriches do not stick their heads in the sand). The ostrich that does pays the penalty.
Surely that's the kind of crack legal work people want to see more of when they complain that judges are too far removed from reality.
Why yes, the bird icon is new, thank you for asking. What are you implying about my decision to post?
Surely that's the kind of crack legal work people want to see more of when they complain that judges are too far removed from reality.
Why yes, the bird icon is new, thank you for asking. What are you implying about my decision to post?