- 37 - rules or regulations. Sec. 6662(a) and (b)(1). Negligence is the lack of due care or the failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Negligence includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and disregard includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. Sec. 6664(c)(1). Petitioners were negligent in claiming that the Burlington house was their principal residence and attempting to defer the gain on its sale. They have failed to provide any evidence that they acted in good faith or had reasonable cause for claiming the Burlington house as their principal residence in 1989. See supra note 20. Thus, we hold for respondent on this issue. In keeping with the above holdings, Decision will be entered under Rule 155.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37
Last modified: May 25, 2011