P. David Musgrave and Barbara J. Musgrave - Page 24

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          (1) negligence or disregard of rules or regulations or (2) any              
          substantial understatement of income tax.  The term "negligence"            
          includes any failure to make a reasonable attempt to comply with            
          the provisions of the Code, including failure to exercise due               
          care, failure to do what a reasonable person would do under the             
          circumstances, or failure to keep adequate books and records or             
          to substantiate items properly.  Sec. 1.6662-3(b)(1), Income Tax            
          Regs.  The term "disregard" includes any careless, reckless, or             
          intentional disregard of the Code or the temporary and final                
          regulations issued pursuant to the Code.  Sec. 6662(c); sec.                
          1.6662-3(b)(2), Income Tax Regs.  A substantial understatement of           
          tax is defined as the amount which exceeds the greater of 10                
          percent of the tax required to be shown on the return for the               
          taxable year, or $5,000.  Sec. 6662(d)(1)(A).                               
               The accuracy-related penalty does not apply to any portion             
          of an underpayment with respect to which it is shown that there             
          was a reasonable cause for such portion and that the taxpayer               
          acted in good faith with respect to such portion.  Sec.                     
          6664(c)(1).  The decision as to whether the taxpayer acted with             
          reasonable cause and in good faith depends upon all pertinent               
          facts and circumstances.  Sec. 1.6664-4(b)(1), Income Tax Regs.             
          The most important factor is the extent of the taxpayer's efforts           
          to assess the proper tax liability.  Id.  Circumstances that may            
          indicate reasonable cause and good faith include an honest                  
          misunderstanding of fact or law that is reasonable in light of              




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