Theodore W. Keller - Page 10

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                  The remaining issue is whether petitioner is liable for the                             
            accuracy-related penalty under section 6662(a) for negligence                                 
            under section 6662(c).  Generally, this penalty is applicable to                              
            any underpayment of tax attributable to negligence or disregard                               
            of rules or regulations.  Section 6662(c) provides that the term                              
            "negligence" includes any failure to make a reasonable attempt to                             
            comply with the provisions of this title, and the term                                        
            "disregard" includes any careless, reckless, or intentional                                   
            disregard.  Negligence has also been defined as lack of due care                              
            or failure to do what a reasonable and ordinarily prudent person                              
            would do under like circumstances.  Neely v. Commissioner, 85                                 
            T.C. 934 (1985).  However, under section 6664(c), the penalty                                 
            under section 6662(a) shall not be imposed with respect to any                                
            portion of an underpayment if it is shown that there was                                      
            reasonable cause for the underpayment, and the taxpayer acted in                              
            good faith.  Petitioner is sustained on this issue.  The Court is                             
            satisfied that petitioner acted in good faith in claiming the                                 
            disputed travel expenses for 1991.  There were no regulations                                 
            that had been promulgated to reflect the intent of Congress in                                
            the enactment of section 274(m)(2) and to particularize those                                 
            travel expenses relating to education that were not affected by                               
            section 274(m)(2).  For the year in question, therefore, there                                
            was no clear-cut guide by which taxpayers, such as petitioner,                                
            could have ascertained whether the travel expenses incurred were                              





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