Bryan J. and Christine N. Baugh - Page 12

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          Section 6662(a) Accuracy-Related Penalty                                    
               Section 6662(a) imposes a penalty in an amount equal to                
          20 percent of the underpayment of tax attributable to one or more           
          of the items set forth in section 6662(b).  Respondent asserts              
          that the entire underpayment of petitioners’ tax was due to                 
          negligence or intentional disregard of rules or regulations.                
          Sec. 6662(b)(1).  Except for the increased penalties set forth in           
          respondent’s amended answer, for which respondent bears the                 
          burden of proof, petitioners bear the burden of proof on the                
          penalties in issue.  Rule 142(a).                                           
               “Negligence” includes a failure to make a reasonable attempt           
          to comply with the provisions of the internal revenue laws.  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.                                                                   
               The accuracy-related penalty does not apply with respect to            
          any portion of an underpayment if it is shown that there was                
          reasonable cause for such portion and that petitioners acted in             
          good faith with respect to such portion.  Sec. 6664(c)(1).  The             
          determination of whether petitioners acted with reasonable cause            
          and in good faith depends upon the pertinent facts and                      
          circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.                       
               Reliance on a qualified adviser will constitute reasonable             
          cause only if the taxpayers have acted in good faith and have               
          made full disclosure of all relevant facts to the adviser.  Paula           



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