- 33 - discussed in the negligence portion of this opinion, Part D, infra, we do not think that petitioner acted with reasonable cause and in good faith with respect to the substantial understatement. Accordingly, we sustain respondent's determination that petitioner is liable for the accuracy-related penalty under section 6662(a) based on the understatement of income tax for 1989.8 D. Negligence In the notices of deficiency, respondent determined that petitioner was liable for the accuracy-related penalty for negligence for both 1989 and 1990. Negligence may be indicated by the failure (1) to make a reasonable attempt to comply with applicable provisions of the Internal Revenue Code and the supporting regulations thereunder, (2) to exercise ordinary and reasonable care in preparing a tax return, (3) to keep adequate books and records, or (4) to properly substantiate items. Sec. 1.6662-3(b) and (c), Income Tax Regs. Negligence also may be indicated by the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). 8 In view of our conclusion, we find it unnecessary to decide whether the plan or arrangement involved in the present cases constituted a "tax shelter" within the meaning of sec. 6662(d)(2)(C)(iii). However, see infra note 9 and the associated text.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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