French E. Hickman and Janice C. Hickman - Page 24

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          gence" 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. Commissioner, 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); Neely v. Commis-                
          sioner, 85 T.C. 934, 947 (1985).                                            
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  Sec. 6664(c)(1).  The                 
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith depends upon the pertinent facts and circum-              
          stances, including the taxpayer's efforts to assess his or her              
          proper tax liability and the knowledge and experience of the                
          taxpayer.  Sec. 1.6664-4(b)(1), Income Tax Regs.                            
               The parties address on brief, and we shall consider, respon-           
          dent's determinations under section 6662(a) for the years at                
          issue only insofar as they relate to the underpayment of tax                



          8(...continued)                                                             
          premised upon substantial understatements of income tax within              
          the meaning of sec. 6662(b)(2).                                             




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