- 24 -
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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