Donna M. Neighbors - Page 6

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          6662(a) imposes an accuracy-related penalty equal to 20 percent             
          of the portion of an underpayment that is attributable to                   
          negligence, and petitioner will avoid this charge only if the               
          record shows that she was not negligent; i.e., she made a                   
          reasonable attempt to comply with the provisions of the Internal            
          Revenue Code, and she was not careless, reckless, or in                     
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          Drum v. Commissioner, T.C. Memo. 1994-433, affd. without                    
          published opinion 61 F.3d 910 (9th Cir. 1995); see also Allen v.            
          Commissioner, 925 F.2d 348, 353 (9th Cir. 1991) (negligence                 
          defined as a lack of due care or a failure to do what a                     
          reasonable and prudent person would do under similar                        
          circumstances), affg. 92 T.C. 1 (1989).  Because the record does            
          not show that petitioner was not negligent, we sustain                      
          respondent's determination on the applicability of this penalty.            
               In reaching our holdings herein, we have considered all                
          arguments by petitioner for contrary holdings, and, to the extent           
          not discussed above, find those arguments to be irrelevant or               
          without merit.  To reflect respondent's concession,                         

                                                  Decision will be entered            
                                             under Rule 155.                          









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