- 26 - 2-percent limitation of section 67, and account should be taken of the limitation in the Rule 155 computation. Issue 3. Section 6662 Negligence Penalty Respondent determined that petitioner is liable for a penalty for negligence pursuant to section 6662(a), (b)(1) and (c). Section 6662(a) imposes a penalty of 20 percent of the portion of the underpayment to which section 6662 applies. Section 6662(b)(1) provides a penalty for negligence or intentional disregard of rules or regulations. Section 6662 defines "negligence" as including any failure to make a reasonable attempt to comply with the provisions of the Code. Negligence is defined as the lack of due care or the failure to do what a reasonable and ordinarily prudent person would do under similar circumstances. Anderson v. Commissioner, 62 F.3d 1266, 1271 (10th Cir. 1995), affg. T.C. Memo. 1993-607; Norgaard v. Commissioner, 939 F.2d 874, 880 (9th Cir. 1991), affg. in part and revg. in part on other grounds T.C. Memo. 1989-390. Petitioner bears the burden of proving that respondent's determination of negligence is erroneous. Rule 142(a); Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). We have held for petitioner on the substantive issues of the net operating loss carryover from 1986 and the 1991 expense deductions, which remove both from consideration as a possible source of support for respondent's determination of negligence.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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