- 9 - sec. 1.6662-3(b)(1), Income Tax Regs. Moreover, negligence is the failure to exercise due care or the failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Disregard includes any careless, reckless, or intentional disregard of rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. Under section 6664(c), no penalty will be imposed with respect to any portion of any underpayment if it is shown that there was a reasonable cause for such portion and that the taxpayer acted in good faith with respect to such portion. This determination is based on all of the facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. The most important factor is the extent of the taxpayers' effort to assess their proper tax liability for the years at issue. Sec. 1.6664-4(b)(1), Income Tax Regs. On the record before us, we sustain respondent's determination of penalties under section 6662(a). Petitioners wrote checks for which they left the payee lines blank and claimed those purported contributions as charitable contribution deductions. Petitioners claimed deductions in the amounts of $16,176.48 and $17,940.00 for 1991 and 1992, respectively. However, the documents that petitioners provided to support their claimed deductions showed an amount less than that claimed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011