Antonio T. Croteau - Page 12

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          those payments are alimony or separate maintenance payments                 
          within the meaning of section 215(b).  Therefore, respondent's              
          determination disallowing the alimony deduction claimed by                  
          petitioner for 1993 is sustained.                                           
          Section 6662(a)                                                             
               Section 6662(a) imposes an addition to tax equal to 20                 
          percent of the underpayment of tax attributable to, inter alia,             
          negligence or disregard of rules or regulations under section               
          6662(b)(1).  For purposes of section 6662(a), the term "negli-              
          gence" includes any failure to make a reasonable attempt to                 
          comply with the Internal Revenue Code, and "disregard" includes             
          any careless, reckless, or intentional disregard.  Sec. 6662(c).            
          Negligence has also been defined as a lack of due care or failure           
          to do what a reasonable person would do under the circumstances.            
          Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),                
          affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.               
          686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990).                        
               The accuracy-related penalty under section 6662(a) does not            
          apply to any portion of an underpayment if it is shown that there           
          was reasonable cause for, and that the taxpayer acted in good               
          faith with respect to, such portion.  Sec. 6664(c)(1).  The                 
          determination of whether a taxpayer acted with reasonable cause             
          and in good faith depends upon the pertinent facts and circum-              
          stances, including the taxpayer's efforts to assess his or her              





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