- 45 - November 1, 1991. Yet, the parties agree that the application for additional extension of time was filed in order to extend the time within which to file his 1990 return to October 15, 1991. On the record before us, we sustain respondent's determination under section 6651(a)(1) for 1990 only to the extent that peti- tioner filed his 1990 return after October 15, 1991. Section 6662(a) Respondent determined that petitioner is liable for the years at issue for the accuracy-related penalty under section 6662(a) because a portion of the underpayment of tax for each of those years was due to negligence, disregard of rules and regula- tions, or a substantial understatement of income tax. Section 6662(a) imposes an addition to tax equal to 20 percent of the underpayment of tax attributable to, inter alia, (1) negligence or disregard of rules or regulations and (2) any substantial understatement of income tax. Sec. 6662(b)(1) and (2). For purposes of section 6662(a), the term "negligence" includes any failure to make a reasonable attempt to comply with the Code, and "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). Negligence has also been defined as a lack of due care or failure to do what a reasonable person would do under the circumstances. Leuhsler v. Commis- sioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C. 686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990). With respect to individuals,Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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