John T. Barrett, Jr. and Jane W. A. Barrett - Page 23

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          Fox v. Commissioner, 50 T.C. at 822.  We have considered                    
          petitioners' remaining arguments and find them to be without                
          merit.  Accordingly, we hold that petitioners have failed to                
          prove that the note became worthless during 1990.                           
               The final issue we consider is whether petitioners are                 
          liable for the accuracy-related penalty provided by section                 
          6662(a).  Section 6662(a) imposes a 20-percent penalty on the               
          portion of an underpayment of tax that is attributable to, inter            
          alia, negligence or disregard of rules or regulations.  The term            
          “negligence” includes any failure to make a reasonable attempt to           
          comply with the provisions of the Code, including failure to                
          exercise due care, failure to do what a reasonable person would             
          do under the circumstances, or failure to keep adequate books and           
          records.  Sec. 6662(a); sec. 1.6662-3(b)(1), Income Tax Regs.               
          The term “disregard” includes any careless, reckless, or                    
          intentional disregard of the Code or the temporary and final                
          regulations issued pursuant to the Code.  Sec. 6662(c); sec.                
          1.6662-3(b)(2), Income Tax Regs.                                            
               The accuracy-related penalty does not apply to any portion             
          of an underpayment with respect to which it is shown that there             
          was a reasonable cause and that the taxpayer acted in good faith.           
          Sec. 6664(c)(1).  The decision as to whether the taxpayer acted             
          with reasonable cause and in good faith depends upon all                    
          pertinent facts and circumstances.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.  Generally, the most important factor is the extent of            




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