Fernando and Maria Leonzo - Page 9

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          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 claiming                       






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