- 7 - here are more similar to those in Aronson than to those in Larotonda, since petitioner admittedly received amounts from the qualified retirement plan but failed to roll them over or reinvest them in an Individual Retirement Account or other qualified plan. In view of the foregoing, we hold that petitioner is liable for the 10-percent additional tax imposed under section 72(t). Accuracy-Related Penalty Section 6662(a) imposes a penalty of 20 percent of the portion of the underpayment which is attributable to any substantial understatement of income. Sec. 6662(b)(2). There is a substantial understatement of income tax for any year if the amount of the understatement exceeds the greater of 10 percent of the tax required to be shown on the return or $5,000. Sec. 6662(d)(1). Alternatively, section 6662(a) imposes a penalty of 20 percent on the portion of the underpayment which is attributable to negligence or disregard of rules or regulations. Sec. 6662(b)(1). Negligence is the lack of due care or 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 term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). However, section 6664(c) provides that no penalty shall be imposed with respect to any portion of an underpayment if it isPage: Previous 1 2 3 4 5 6 7 8 9 Next
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