Stephen Neal Swihart - Page 7

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          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 is             




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