- 13 - 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 instructionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011