- 9 - tax attributable to one or more of the items set forth in section 6662(b). In the notice of deficiency, respondent based the determination of the section 6662(a) penalty on petitioners’ underpayment's being due to negligence or disregard of rules or regulations. See sec. 6662(b)(1). The accuracy-related penalty does not apply with respect to any portion of an underpayment if it is shown that there was reasonable cause for such portion of an underpayment and that petitioners 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. Negligence is defined as a lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179; Neely v. Commissioner, 85 T.C. 934, 947-948 (1985). The term "disregard" includes any careless, reckless, or intentional disregard. Secs. 6653(a)(3), 6662(c). Petitioners bear the burden of proving that respondent’s determinations are erroneous. Rule 142(a); Bixby v. Commissioner, 58 T.C. 757, 791 (1972). Petitioners had an underpayment of tax in 1988 and 1989 because they understated their income due to claimingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011