- 8 - this title, and the term "disregard" includes any careless, reckless, or intentional disregard. To the extent that the penalty is attributable to a substantial understatement of income tax under section 6662(b)(2) or to a position contrary to rules or regulations under section 6662(b)(1), it may be reduced if relevant facts are adequately disclosed in a statement attached to the return. The provision for reduction, however, requires that the taxpayer's position have a reasonable basis. Sec. 6662(d)(2)(B)(ii)(II); sec. 1.6662-3(c), Income Tax Regs. There is no indication that petitioners ever sought professional advice concerning their deductions or the procedural means for vacating decisions. They rejected the explanations of the IRS, and ultimately of the Court, out of hand. They did not have a reasonable basis for their position on their 1995 return. The underpayment of their taxes for 1995 is due to intentional disregard of applicable rules, and the section 6662(a) penalty is sustained in full. Prior to and during the trial in this matter, petitioners acknowledged that the $99,000 deduction was improper and that the Court does not have jurisdiction to award the damages that they seek. They claim that they are merely bringing the issues before the Court to secure findings that would support their charges against the IRS. Although the Court warned petitioners of the applicability of section 6673 to frivolous or groundless claims,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011