- 20 - underpayment attributable to a taxpayer's negligence or disregard of rules and regulations. Sec. 6662(a), (b)(1). The term "negligence" includes any failure to do what a reasonable and ordinarily prudent person would do under the same circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). The penalty does not apply to any portion of an underpayment for which there was reasonable cause and with respect to which the taxpayer acted in good faith. Sec. 6664(c). Respondent's determination imposing the accuracy- related penalty is presumed correct, and taxpayers bear the burden of proving that they are not liable for the accuracy- related penalty imposed by section 6662(a). Rule 142(a); Tweeddale v. Commissioner, 92 T.C. 501, 505 (1989). While petitioner may honestly believe that he is entitled to deductions for the expenses in question, his position is not reasonable under the circumstances. Prudent individuals in petitioner's position would be aware that engaging in the trade or business of a writer does not transform personal expenses into deductible business expenses, simply because "life's experiences" are incorporated into their literary materials. Additionally, petitioner offered little evidence to substantiate the business relationship between the expenses and his literary activities. Petitioner has not met his burden of proof with respect to thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011