- 9 - circumstances. Neely v. Commissioner, supra. Disregard includes any careless, reckless, or intentional disregard of rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. The accuracy-related penalties of section 6662 do not apply with respect 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 to such portion. Sec. 6664(c)(1). The determination of whether petitioners acted with reasonable cause and in good faith depends upon the pertinent facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioners have conceded that they failed to keep accurate books and records and that they omitted entire sources of income from their tax returns. Petitioners have offered no evidence that they were not negligent and do not address the issue on brief. We cannot be sure that petitioners intended to abandon this issue, but in any case respondent's determination of the applicable penalty must be sustained as petitioners have not met their burden of proof on this issue. To reflect the foregoing and concessions of the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011