- 8 - would do under like circumstances. Neely v. Commissioner, 85 T.C. 934 (1985). The term "negligence" includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue laws, and the term "disregard" includes any careless, reckless, or intentional disregard of rules or regulations. Section 6662(b)(2) provides that section 6662 shall apply to any portion of the underpayment attributable to any substantial understatement of income tax. There is a substantial understatement of income tax if the amount of the understatement exceeds the greater of (1) 10 percent of the tax required to be shown on the return, or (2) $5,000. Sec. 6662(d)(1)(A). For purposes of section 6662(d)(1), "understatement" is defined as the excess of tax required to be shown on the return over the amount of tax that is shown on the return reduced by any rebates. Petitioner improperly claimed on his 1990 Federal income tax return a $22,100 net loss from his horse racing activity. Furthermore, petitioner presented no evidence to establish that he was not negligent or did not disregard rules or regulations. The Court concludes that petitioner was negligent or in disregard of rules or regulations for purposes of section 6662(b)(1). Petitioner has not established that any of the reductions under section 6662(d)(2)(B) would apply to show that he did not have a substantial understatement of income tax for 1990 for purposes ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011