Kenneth D. Shepherd and Martha A. Gregory - Page 16

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          liable for the accuracy-related penalty imposed by section                  
          6662(a) for the portion of the underpayment not related to the              
          house-related expenses, and that such portion of the underpayment           
          of tax was due to negligence or disregard of rules or                       
          regulations.  "Negligence" includes a failure to make a                     
          reasonable attempt to comply with the provisions of the Internal            
          Revenue laws or to exercise ordinary and reasonable care in the             
          preparation of a tax return.  Sec. 6662(c); sec. 1.6662-3(b)(1),            
          Income Tax Regs.  "Disregard" includes any careless, reckless, or           
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.                                       
               However, section 6664(c)(1) provides that the penalty under            
          section 6662(a) shall not apply to any portion of an                        
          underpayment, if it is shown that there was reasonable cause for            
          the taxpayer's position with respect to that portion and that the           
          taxpayer acted in good faith with respect to that portion.  The             
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith is made on a case-by-case basis, taking into              
          account all the pertinent facts and circumstances.  Sec.                    
          1.6664-4(b)(1), Income Tax Regs.  The most important factor is              
          the extent of the taxpayer's effort to assess his proper tax                
          liability for the year.  Id.                                                
              Based on the record, we find that petitioners have not                 
          proved that any part of the underpayment for either of the years            
          in issue was due to reasonable cause or that they acted in good             




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