- 17 - Section 6662 imposes a penalty equal to 20 percent of the part of the underpayment of tax that is attributable to negligence. Sec. 6662(a) and (b)(1). For purposes of section 6662, negligence is a failure to reasonably attempt to comply with the provisions of the Internal Revenue Code. Sec. 6662(c). Negligence is defined as "'lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstance.'" Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967)). A taxpayer has the burden of proving that the Commissioner's determination of an addition to tax is in error. Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). The accuracy-related penalty under section 6662(a) does not apply to any part of an underpayment if the taxpayer shows that there is reasonable cause for that part of the underpayment and that the taxpayer acted in good faith based on the facts and circumstances. Sec. 6664(c)(1). In petitioners' closing statement and posttrial brief, they argue that they are not liable for the penalties because of their reasonable and good faith efforts, citing Lyons v. Commissioner, T.C. Memo. 1991-84. In Lyons, the taxpayers had a reasonable system for maintaining financial records and preparing their tax returns. In addition, the taxpayers had a relationship with an accountant who prepared their returns. While many of the relevant records were unavailable to the taxpayers, the CourtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011