- 15 - appealed our decision to the U.S. Court of Appeals for the Ninth Circuit, and that appeal was pending at the time of the trial herein. After the present case was submitted, the Court of Appeals rendered its decision upholding the constitutionality of section 1402(g)(1), affirming this Court's decision, and holding petitioner liable for self-employment tax for 1988. Droz v. Commissioner, 48 F.3d 1120 (9th Cir. 1995), affg. an Oral Opinion of this Court, cert. denied, ___ U.S. ___, 64 U.S.L.W. 3167 (Jan. 8, 1996). On the record before us, we sustain respondent's determina- tion that petitioner is liable for 1991 for self-employment tax. Droz v. Commissioner, supra. Accuracy-Related Penalty Respondent determined that petitioner is liable for 1991 for the accuracy-related penalty under section 6662(a) because his underpayment of tax for that year was due to negligence or disregard of rules or regulations. For purposes of section 6662(a), the term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of the Code, failure to exercise due care, or failure to do what a reasonable person would do under the circumstances. Sec. 6662(c); Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C. 686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990). The term "disregard"Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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