- 9 - the section applies. The section applies to, among other items, the portion of an underpayment attributable to (1) negligence or disregard of rules or regulations, or (2) any substantial understatement of income tax. Sec. 6662(b). Negligence includes the failure to make any reasonable attempt to comply with the Internal Revenue Code. Sec. 6662(c). No penalty may be imposed on any portion of an underpayment that is attributable to negligence if the position is adequately disclosed, the position is not "frivolous", and the taxpayer has adequate books and records and has substantiated items properly. Sec. 1.6662-3(c), Income Tax Regs. A "frivolous" position is one that is "patently improper." Sec. 1.6662-3(b)(3), Income Tax Regs. Petitioners offered no plausible explanation for their failure to report significant amounts of income. While the Kaos and Kolyn disclosed, on Forms 8275, that Kolyn received $790,000 in 1991, they failed to produce adequate books and records and to substantiate items properly. As a result, we sustain respondent's determinations on this issue. We have considered all other arguments made by the parties and found them to be either irrelevant or without merit. To reflect the foregoing, Decisions will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011