- 17 - The final issue for decision is whether petitioners are liable for the accuracy-related penalty under section 6662(a) for negligence or disregard of rules or regulations. Section 6662(a) provides for an addition to tax equal to 20 percent of the portion of the underpayment to which the section applies. Under section 6662(c), "'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 is the lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Under section 6664(c), the penalty under section 6662(a) shall not be imposed with respect to any portion of the underpayment if it is shown that there was reasonable cause for the underpayment, and that the taxpayer acted in good faith. Petitioners claimed Schedule C deductions in the amount of $25,226 with respect to an activity of petitioner's that neither had commenced nor was being conducted on a regular and continuous basis during the year at issue. Petitioners also claimed a $12,500 bad debt deduction for a debt that they reported as a 8(...continued) general loss provisions of sec. 165. Therefore, petitioners here cannot obtain any relief under sec. 165. Moreover, no identifiable event occurred to fix the amount of any loss so as to render it deductible under sec. 165.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011