-9- Negligence includes any careless, reckless, or intentional disregard of rules and regulations, any failure to make a reasonable attempt to comply with the provisions of the law, and any failure to exercise ordinary and reasonable care in the preparation of a tax return. Zmuda v. Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982). To prevail on the issue of negligence, petitioners must prove that their actions in connection with this transaction were reasonable in light of their experience and business sophistication. Hoffpauir v. Commissioner, T.C. Memo. 1996-41; Avellini v. Commissioner, T.C. Memo. 1995-489. If a taxpayer acts in good faith and with reasonable cause, he or she will not be liable for the addition to tax for negligence. Sec. 6664(c); see Collins v. Commissioner, 857 F.2d 1383, 1386 (9th Cir. 1988), affg. Dister v. Commissioner, T.C. Memo. 1987-217. Respondent asserted accuracy-related penalties based on all the adjustments made in the notice of deficiency. Petitioners have conceded the penalty as to all adjustments, with the exception of the adjustment to the casualty loss.4 Petitioners have no tax or accounting backgrounds. We also note that petitioners' property did sustain extensive damage. Petitioners’ return was prepared by their accountant, upon whom they relied. 4 Since petitioners have failed to address the accuracy- related penalty with respect to the other adjustments, we treat this as a concession by petitioners and find for respondent. Theodore v. Commissioner, 38 T.C. 1011, 1041 (1962).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011