- 37 - petitioner is not liable for self-employment taxes pursuant to section 1401 on his unreported gross income for 1989 and 1990. III. Is Petitioner Liable for the Section 6662(a) Accuracy- Related Penalties for Negligence for 1989 and 1990? Respondent determined that petitioner is liable for the accuracy-related penalty under section 6662(a) for negligence for both 1989 and 1990. Petitioner bears the burden of proof on this issue. Rule 142(a); Neely v. Commissioner, 85 T.C. 934 (1985); Bixby v. Commissioner, 58 T.C. 757 (1972). Section 6662(a) imposes an accuracy-related penalty of 20 percent on any portion of an underpayment of tax that is attributable to items set forth in section 6662(b). Section 6662(b)(1) provides that section 6662(a) is to apply to any portion of an underpayment attributable to negligence or disregard of rules or regulations. Section 6662(c) defines "negligence" to include any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and defines "disregard" to include any careless, reckless, or intentional disregard of rules or regulations. The accuracy-related penalty of section 6662 does not apply to any portion of an underpayment if it is shown that there was reasonable cause for such portion and the taxpayer acted in good faith with respect thereto. Sec. 6664(c)(1). Other than his rejected claim of a nontaxable cash hoard, petitioner presented no evidence that he was not negligent in failing to report thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011