- 5 - Petitioners' general assertions concerning the fiscal soundness of the Social Security system are more properly addressed to Congress than this Court. Fiorito v. Commissioner, supra. We hold that there is no basis for relieving petitioners of their liability under existing statutes. Respondent determined that petitioners are liable for an accuracy-related penalty pursuant to section 6662. Section 6662(a) imposes a penalty in an amount equal to 20 percent of the portion of the underpayment of tax attributable to a taxpayer's negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence has been defined as the failure to do what a reasonable and ordinarily prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). The accuracy-related penalty will apply unless petitioners can demonstrate that there was reasonable cause for the underpayment and that they acted in good faith with respect to the underpayment. Sec. 6664(c). Petitioners have previously litigated and lost their claims regarding their self-employment tax obligations for an earlier year.3 On the basis of the entire 3In a prior summary opinion concerning petitioners' tax liability for that year, we relied on Steiner v. Commissioner, 55 T.C. 1018 (1971), affd. per curiam without published opinion 29 AFTR 2d 72-848, 72-1 USTC par. 9327 (D.C. Cir. 1972), and rejected petitioners' claim that they need not pay self- employment tax after they have paid for 40 consecutive quarters.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011