J. Michael Joly and Bonnie B. Joly, Jody Steven Joly, and David Andrew Joly - Page 16

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               The third issue for decision is whether Michael and Bonnie             
          are liable for the section 6662(a) accuracy-related penalty for             
          negligence for 1992, 1993, and 1994.  Respondent's determinations           
          of negligence are presumed to be correct, and petitioners bear              
          the burden of proving that the penalties do not apply.  Rule                
          142(a); Welch v. Helvering, 290 U.S. at 115; Bixby v.                       
          Commissioner, 58 T.C. 757, 791-792 (1972).                                  
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment attributable to any one of various factors,              
          one of which is negligence or disregard of rules or regulations.            
          Sec. 6662(b)(1).  Respondent determined that Michael and Bonnie             
          are liable for the accuracy-related penalty imposed by section              
          6662(a) for their underpayments of taxes in 1992, 1993, 1994, and           
          that such underpayments were due to negligence or disregard of              
          rules or regulations.  "Negligence" includes a failure to make a            
          reasonable attempt to comply with the provisions of the Internal            
          Revenue laws or to exercise ordinary and reasonable care in the             
          preparation of a tax return.  Sec. 6662(c); sec. 1.6662-3(b)(1),            
          Income Tax Regs.  "Disregard" includes any careless, reckless, or           
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               Section 6664(c)(1), however, 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 with respect to that portion of the                 




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