Michael and Christa Dee Richardson - Page 5

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          date, determined with regard to any extension of time for filing            
          previously granted, unless such failure was due to reasonable               
          cause and not willful neglect.  Petitioners must prove both                 
          reasonable cause and a lack of willful neglect.  Petitioners                
          provided no reasonable cause as required by section 6651(a)(1)              
          for the late filing of their return.  Accordingly, respondent's             
          determination of the addition to tax under section 6651(a) is               
          sustained.                                                                  
               Finally, we must decide whether petitioners are liable for             
          an accuracy-related penalty in the amount of $476 for 1993.                 
          Section 6662(a) imposes an accuracy-related penalty in the amount           
          of 20 percent of the portion of an underpayment of tax                      
          attributable to negligence or disregard of rules or regulations.            
          Sec. 6662(a) and (b)(1).  Negligence is any failure to make a               
          reasonable attempt to comply with the provisions of the Internal            
          Revenue laws.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax                
          Regs.  Moreover, negligence is the failure to exercise due care             
          or the failure to do what a reasonable and prudent person would             
          do under the circumstances.  Neely v. Commissioner, 85 T.C. 934,            
          947 (1985).  Disregard includes any careless, reckless, or                  
          intentional disregard of rules or regulations.  Sec. 6662(c);               
          sec. 1.6662-3(b)(2), Income Tax Regs.  On this record, we uphold            
          respondent's determination that the penalty under section 6662(a)           
          should be imposed.                                                          





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