Chen C. and Victoria R. Wang, et al. - Page 39

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          one or more of the items set forth in section 6662(b).  Respon-             
          dent determined that the Wangs are liable for accuracy-related              
          penalties pursuant to section 6662 for 1989, 1990, and 1991; EIC,           
          for 1989-1992.  Respondent asserts that the section 6662 penal-             
          ties are due to either a substantial understatement of tax or               
          negligence or disregard of the rules or regulations.  Sec.                  
          6662(b)(1) and (2).  Petitioners bear the burden of proving that            
          respondent's determination is erroneous and that they are not               
          liable for the accuracy-related penalties.  Rule 142(a);                    
          Bixby v. Commissioner, 58 T.C. 757, 791 (1972).                             
               The term "negligence" includes a failure to make a rea-                
          sonable attempt to comply with the provisions of the internal               
          revenue laws.  Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax                
          Regs.  Negligence has also been defined as a lack of due care or            
          failure to do what a reasonable person would do under the circum-           
          stances.  Norgaard v. Commissioner, 939 F.2d 874, 880 (9th Cir.             
          1991), affg. in part and revg. in part on other grounds T.C.                
          Memo. 1989-390; Allen v. Commissioner, 925 F.2d 348, 353 (9th               
          Cir. 1991), affg. 92 T.C. 1 (1989).  "Disregard" includes any               
          careless, reckless, or intentional disregard of rules or regula-            
          tions.  Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs.  With           
          respect to individuals, an understatement of tax is substantial             
          if it exceeds the greater of 10 percent of the tax required to be           







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