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4. Accuracy-Related Penalty
Finally, respondent determined that petitioner is liable for
the accuracy-related penalty under section 6662(a).
The accuracy-related penalty is equal to 20 percent of any
portion of underpayment attributable to a taxpayer's negligence
or disregard of rules or regulations. Sec. 6662(a) and (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).
Petitioner offered no evidence to meet his burden of proof
with respect to the accuracy-related penalty, and, accordingly,
we sustain respondent on this issue.
(...continued)
who, among other things, has the same principal place of abode as
the taxpayer for more than one-half of the taxable year. As
discussed above, petitioner has failed to establish that either
of his children had the same principal place of abode as he did
for more than one-half of the taxable year.
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