- 23 - We conclude that petitioners did not establish their right to more deductions or cost of goods sold than respondent allowed for 1989 and 1990. D. Self-Employment Tax Respondent determined that petitioners are liable for self- employment tax under section 1401 and that they may deduct one- half of the self-employment tax they paid under section 164(f). Petitioners concede that they were each self-employed. We sustain respondent's determination on this issue. E. Whether Petitioners Are Liable for the Accuracy-Related Penalty Under Section 6662(a) Respondent determined that petitioners are liable for the accuracy-related penalty for negligence for 1989 and 1990 under section 6662(a) and (c). Petitioners contend that they are not liable for the accuracy-related penalty for negligence. We disagree. Taxpayers are liable for a penalty equal to 20 percent of the part of the underpayment to which section 6662 applies. Sec. 6662(a). Negligence is a lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v. Commissioner, 85 T.C. 934, 947 (1985). For purposes of section 6662(a), negligence is a failure to reasonably attempt to comply with the Internal Revenue Code. Sec. 6662(c). The accuracy-relatedPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011