- 5 - legal fees that he paid in connection with the purchase of the Florida house. On Schedule C of his 1991 return petitioner deducted depreciation expense with respect to the house. Petitioner prepared and filed Federal income tax returns for the years in issue without consulting an accountant or other tax professional. We turn first to the applicability of the section 6662(b)(1) penalty. We consider each agreed adjustment (except as indicated supra note 2) to determine whether the resulting portion of the underpayment is attributable to "Negligence or disregard of rules or regulations" as provided in that section. "Negligence" for this purpose includes "any failure to make a reasonable attempt to comply with the provisions of * * * [the Internal Revenue Code]", and "disregard" includes "any careless, reckless, or intentional disregard". Sec. 6662(c). Respondent's determination of an accuracy-related penalty is presumptively correct, and petitioner bears the burden of proving the determination wrong. Rule 142(a); Monahan v. Commissioner, 109 T.C. 235 (1997); Hitchins v. Commissioner, 103 T.C. 711, 719 (1994); Neely v. Commissioner, 85 T.C. 934, 947 (1985); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972). In deciding whether the accuracy-related penalty for negligence applies, the test is whether there was a lack of due care or a failure to act prudently under the circumstances. Hitchins v. Commissioner, supra. Thus, the taxpayer must show that he acted reasonably andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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