- 10 - issue. Consequently, we hold that petitioners are liable for tax on Social Security benefits pursuant to section 86. Accuracy-Related Penalty Respondent determined that petitioners are liable for an accuracy-related penalty under section 6662(a) for negligence or disregard of rules or regulations. Section 6662(a) imposes a 20- percent penalty on the portion of an underpayment that is attributable to negligence or disregard of rules or regulations. Under section 6662(c), "negligence" includes failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code. Negligence is a “‘lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances.’” Neely v. Commissioner, 85 T.C. 934, 947 (1985) (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir. 1967), affg. in part and remanding per curiam 43 T.C. 168 (1964)). “Disregard” includes careless, reckless, or intentional disregard of rules or regulations. Sec. 6662(c). No penalty shall be imposed if the taxpayer acted in good faith and there was reasonable cause for the underpayment. Sec. 6664(c)(1). The burden is on the taxpayer to prove the Commissioner's imposition of the penalty is in error. Luman v. Commissioner, 79 T.C. 846, 860-861 (1982); Bixby v. Commissioner, 58 T.C. 757 (1972).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011