Stephen and Ann Schwalbach - Page 24

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          the APA, supra, upon the issuance of any taxpayer-unfriendly                
          rule, the APA, id., does not require such a Draconian result.               
               We sustain respondent's determination on this issue.  In so            
          doing, we decline petitioners' invitation to allow them to apply            
          the rules of section 1.469-4T(b)(ii)(B), Temporary Income Tax               
          Regs., 54 Fed. Reg. 20543, in lieu of the rules stated in section           
          1.469-4(a), Income Tax Regs.  Simply put, the effective date and            
          transition rules related to the regulatory rules under section              
          469 do not allow them to use it.  See sec. 1.469-11, Income Tax             
          Regs.                                                                       
               As to the accuracy-related penalty, section 6662(a) imposes            
          an accuracy-related penalty equal to 20 percent of the portion of           
          an underpayment that is attributable to, among other things,                
          negligence.  Petitioners will avoid this charge if the record               
          shows that they were not negligent; i.e., they made a reasonable            
          attempt to comply with the provisions of the Internal Revenue               
          Code, and they were not careless, reckless, or in intentional               
          disregard of rules or regulations.  Sec. 6662(c); Accardo v.                
          Commissioner, 942 F.2d 444, 452 (7th Cir. 1991), affg. 94 T.C. 96           
          (1990); 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).  Good faith reliance on             



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