Craig V. Adams - Page 13

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          of the items set forth in section 6662(b).  Respondent asserts              
          that the entire underpayment of petitioner’s tax was due to                 
          negligence or intentional disregard of rules or regulations.                
          Petitioner bears the burden of proving that respondent's                    
          determinations are erroneous.  Rule 142(a); Bixby v.                        
          Commissioner, 58 T.C. 757, 791 (1972).                                      
               “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.  Large understatements of income have been held to be             
          indicative of negligence or intentional disregard of the rules or           
          regulations.  See Anders v. Commissioner, 68 T.C. 474, 493                  
          (1977).                                                                     
               The section 6662 accuracy-related penalty does not apply               
          with respect to any portion of an underpayment if it is shown               
          that there was reasonable cause for such portion and that                   
          petitioner acted in good faith with respect to such portion.                
          Sec. 6664(c)(1).  The determination of whether petitioner acted             
          with reasonable cause and in good faith depends upon the                    
          pertinent facts and circumstances.  Sec. 1.6664-4(b)(1), Income             
          Tax Regs.                                                                   
               Petitioner claims that he relied on the Internal Revenue               
          Service (IRS) information hotline and the Form 1040 instructions            




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