- 9 - any expenses for the 2 years in question. We find that petitioner is not entitled to any rental deductions. Finally, we must decide whether petitioner is liable for the accuracy-related penalties under section 6662(a). Section 6662(a) imposes a penalty of 20 percent on any portion of an underpayment of tax that is attributable to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence includes any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue Code, and disregard includes any careless, reckless, or intentional disregard. Sec. 6662(c). Negligence also includes failure by the taxpayer to keep adequate books and records or to substantiate items properly. Sec. 1.6662-3(b)(1), Income Tax Regs. The penalty does not apply, however, to any portion of an underpayment for which there was reasonable cause and with respect to which the taxpayer acted in good faith. Sec. 6664(c). The determination of whether a taxpayer acted with reasonable cause and in good faith is made on a case-by-case basis, taking into consideration all of the relevant facts and circumstances. Sec. 1.6664-4(b)(1), Income Tax Regs. Reasonable cause and good faith can be found in circumstances involving an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge, and education of the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011