Skip to content

General education, not advice for your situation.

Carry Forward Learning Start here Intern0 XP

Treasury Regulations · 26 CFR

§ 1.6664-0. Table of contents.

In effect eCFR current as of October 15, 2026

Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).

Regulation under 26 U.S.C. § 6664

Cite as 26 CFR § 1.6664-0

At a glance

Read from the text and its source citation. Not part of the regulation.

Status
In the current eCFR
Issued
December 31, 1991 by T.D. 8381
Last amended
January 9, 2007 by T.D. 9309
Issued under
26 U.S.C. § 6664
Length
415 words · about 2 min to read

This section lists the captions in §§ 1.6664-1 through 1.6664-4T.

§ 1.6664-1 Accuracy-related and fraud penalties; definitions and special rules.

(a) In general.

(b) Effective date.

(1) In general.

(2) Reasonable cause and good faith exception to section 6662 penalties.

(i) For returns due after September 1, 1995.

(ii) For returns filed after December 31, 2002.

(3) Qualified amended returns.

§ 1.6664-2 Underpayment.

(a) Underpayment defined.

(b) Amount of income tax imposed.

(c) Amount shown as the tax by the taxpayer on his return.

(1) Defined.

(2) Effect of qualified amended return.

(3) Qualified amended return defined.

(i) General rule.

(ii) Undisclosed listed transactions.

(4) Special rules.

(5) Examples.

(d) Amounts not so shown previously assessed (or collected without assessment).

(e) Rebates.

(f) Underpayments for certain carryback years not reduced by amount of carrybacks.

(g) Examples.

§ 1.6664-3 Ordering rules for determining the total amount of penalties imposed.

(a) In general.

(b) Order in which adjustments are taken into account.

(c) Manner in which unclaimed prepayment credits are allocated.

(d) Examples.

§ 1.6664-4 Reasonable cause and good faith exception to section 6662 penalties.

(a) In general.

(b) Facts and circumstances taken into account.

(1) In general.

(2) Examples.

(c) Reliance on opinion or advice.

(1) Fact and circumstances; minimum requirements.

(i) All facts and circumstances considered.

(ii) No unreasonable assumptions.

(iii) Reliance on the invalidity of a regulation.

(2) Advice defined.

(3) Cross-reference.

(d) Underpayments attributable to reportable transactions.

(e) Pass-through items.

(f) Special rules for substantial understatement penalty attributable to tax shelter items of corporations.

(1) In general; facts and circumstances.

(2) Reasonable cause based on legal justification.

(i) Minimum requirements.

(A) Authority requirement.

(B) Belief requirement.

(ii) Legal justification defined.

(3) Minimum requirements not dispositive.

(4) Other factors.

(g) Transactions between persons described in section 482 and net section 482 transfer price adjustments. [Reserved]

(h) Valuation misstatements of charitable deduction property.

(1) In general.

(2) Definitions.

(i) Charitable deduction property.

(ii) Qualified appraisal.

(iii) Qualified appraiser.

(3) Special rules.

§ 1.6664-4T Reasonable cause and good faith exception to section 6662 penalties

(a)-(c) [Reserved]

(d) Transactions between persons described in section 482 and net section 482 transfer price adjustments.

[T.D. 8381, 56 FR 67505, Dec. 31, 1991, as amended by T.D. 8519, 59 FR 4799, Feb. 2, 1994; T.D. 8617, 60 FR 45666, Sept. 1, 1995; T.D. 8656, 61 FR 4885, Feb. 9, 1996; T.D. 8790, 63 FR 66435, Dec. 2, 1998; T.D. 9109, 68 FR 75128, Dec. 30, 2003; T.D. 9309, 72 FR 903, Jan. 9, 2007]

Cross-references

Computed from the citations in the text of 26 CFR.

Code sections it cites

Regulations it cites

Amendment history

From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.

  1. Amended by T.D. 9309 (72 FR 903)
  2. Amended by T.D. 9109 (68 FR 75128)
  3. Amended by T.D. 8790 (63 FR 66435)
  4. Amended by T.D. 8656 (61 FR 4885)
  5. Amended by T.D. 8617 (60 FR 45666)
  6. Amended by T.D. 8519 (59 FR 4799)
  7. Issued by T.D. 8381 (56 FR 67505)

Where it sits in 26 CFR

  1. Subchapter A Income tax
  2. Part 1 Income taxes
  3. Additions to the tax, additional amounts, and assessable penalties

Nearby sections