- 10 - 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 werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011