- 15 - V. Negligence or Disregard of Rules or Regulations Respondent determined an accuracy-related penalty under section 6662 on the whole of petitioner’s underpayment of tax for 1993 on account of petitioner’s negligence or disregard of rules or regulations. In the petition, petitioner assigned error to that determination, but did not aver any facts in support of that determination. In his trial memorandum, petitioner again asserted that the section 6662 penalty was in dispute; nevertheless, he did not further discuss the penalty. Petitioner did not address the penalty in his posttrial filing. We assume that petitioner’s defense to the section 6662 penalty is that there is no deficiency in tax. Since we have sustained portions of respondent’s determination of a deficiency, to that extent, petitioner’s defense is unsuccessful, and petitioner has failed to carry his burden of showing that neither was he negligent nor did he disregard rules or regulations. Respondent’s determination of a penalty under section 6662 is sustained, modified only to take into account respondent’s concessions. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011