John R. Boone, Jr. - Page 37

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          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 the              





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