- 18 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011