John Joseph Montano - Page 7

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          deduction.  The correct amounts will be recomputed under Rule               
          155.                                                                        
               As noted, respondent determined an accuracy-related penalty            
          under section 6662(a) in the amount of $2,226.  Section 6662(a)             
          imposes an accuracy-related penalty of 20 percent on any portion            
          of an underpayment of tax that is attributable to items set forth           
          in section 6662(b).  Section 6662(b)(1) provides that section               
          6662(a) is to apply to any portion of an underpayment                       
          attributable to negligence or disregard of rules or regulations.            
          Section 6662(b)(2) applies section 6662(a) to any substantial               
          understatement of income tax.                                               
               Section 6662(c) defines negligence to include any failure to           
          make a reasonable attempt to comply with the provisions of the              
          Internal Revenue Code, and defines "disregard" to include any               
          careless, reckless, or intentional disregard of rules or                    
          regulations.  Petitioner was an accountant who knew that he was             
          not entitled to reduce his gross receipts by returns and                    
          allowances when he had not taken the sales price of the returned            
          items into his income.  Thus, we find and hold that petitioner              
          demonstrated negligence or disregard of rules or regulations.               
               There is a substantial understatement of income tax if the             










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