Frank R. Courbois - Page 18

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                which is attributable to negligence or disregard of rules                                
                or regulations.  The term “negligence” includes any failure                              
                to make a reasonable attempt to comply with the provisions                               
                of the Internal Revenue Code, and the term “disregard”                                   
                includes any careless, reckless, or intentional disregard.                               
                Sec. 6662(c).  Negligence is defined as the lack of due                                  
                care or the failure to do what a reasonable and ordinarily                               
                prudent person would do under the circumstances.  E.g.,                                  
                Neely v. Commissioner, 85 T.C. 934, 947 (1985).                                          
                      Section 6664(c) provides that no penalty shall be                                  
                imposed under section 6662 with respect to any portion of                                
                an underpayment if it is shown that there was reasonable                                 
                cause for such portion and that the taxpayer acted in good                               
                faith with respect to such portion.  Petitioner does not                                 
                assert that he has met the requirements of section 6664(c).                              
                      Petitioner argues that the penalty under section                                   
                6662(a) should not be imposed for two reasons.  First,                                   
                petitioner argues that the "tax treatment of his investment                              
                in the vessel Cloudia * * * was * * * based on substantial                               
                authority".  According to petitioner:                                                    

                      An amount of understatement attributable                                           
                      to a treatment by a taxpayer based on sub-                                         
                      stantial authority does not constitute a                                           
                      "substantial understatement" by definition.                                        
                      IRC � 6662 (d)(1)(A).                                                              






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