Jung K. Yoon and Hee S. Yoon - Page 33

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          Section 6662(a) Accuracy-Related Penalty                                    
               Section 6662(a) imposes a penalty in an amount equal to                
          20 percent of the underpayment of tax attributable to one or more           
          of the items set forth in section 6662(b).  Respondent asserts              
          that the entire underpayment of petitioners’ tax was due to                 
          negligence or intentional disregard of rules or regulations, sec.           
          6662(b)(1), or a substantial understatement, sec. 6662(b)(2).               
          Because respondent raised the accuracy-related penalty in her               
          answer, respondent bears the burden of proof on this issue.  Rule           
          142(a).                                                                     
               “Negligence” includes a failure to make a reasonable attempt           
          to comply with the provisions of the internal revenue laws.  Sec.           
          6662(c); sec. 1.6662-3(b)(1), Income Tax Regs.  “Disregard”                 
          includes any careless, reckless, or intentional disregard of                
          rules or regulations.  Sec. 6662(c); sec. 1.6662-3(b)(2), Income            
          Tax Regs.                                                                   
               Petitioners' failure to maintain and to produce reliable               
          records of their financial transactions and taxable income                  
          supports a conclusion of negligence.  Crocker v. Commissioner, 92           
          T.C. 899, 917 (1989); Schroeder v. Commissioner, 40 T.C. 30, 34             
          (1963).  They cannot avoid the penalty based on reliance on their           
          tax preparers because they did not provide the preparers with               
          sufficient and accurate information to prepare their returns.               
          Metra Chem Corp. v. Commissioner, 88 T.C. 654, 662 (1987).  The             
          evidence justifies the penalty for negligence.                              




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