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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.
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