Donald D. Bowers and Deborah Bowers - Page 37

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            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.                                           












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