- 12 - 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. PaulaPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011