- 8 - Section 6662(a) and (b)(1) impose a penalty equal to 20 percent of any portion of an underpayment attributable to negligence or disregard of rules or regulations. Petitioner bears the burden of proving that he is not liable for this penalty. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860- 861 (1982). Negligence is defined as the lack of due care or failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). Section 6664(c)(1) provides that no penalty shall be imposed under section 6662(a) with respect to any portion of an underpayment if it is shown that there was a reasonable cause for such portion and the taxpayer acted in good faith with respect thereto. Whether the taxpayer acted with reasonable cause and in good faith is determined on a case-by-case basis taking into account all of the pertinent facts and circumstances. Holowinski v. Commissioner, T.C. Memo. 1997-168; Remy v. Commissioner, T.C. Memo. 1997-72; sec. 1.6664-4(b)(1), Income Tax Regs. If a taxpayer reasonably relies in good faith upon the advice of a competent and experienced accountant in the preparation of the taxpayer's return, the penalty for negligence or disregard of rules or regulations is not applicable. Weis v. Commissioner, 94 T.C. 473, 487 (1990); Conlorez Corp. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011