Robert L. Boehm and Winona J. Mowrey - Page 12




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          failure to make a reasonable attempt to comply with the                     
          provisions of the internal revenue laws, and the term “disregard”           
          includes any careless, reckless, or intentional disregard of                
          rules or regulations.  Sec. 6662(c).  Negligence is the lack of             
          due care or failure to do what a reasonable and ordinarily                  
          prudent person would do under like circumstances.  See, e.g.,               
          Allen v. Commissioner, 925 F.2d 348, 353 (9th Cir. 1991), affg.             
          92 T.C. 1 (1989); Neely v. Commissioner, 85 T.C. 934, 947 (1985).           
               No penalty shall be imposed under section 6662(a) with                 
          respect to any portion of an underpayment if it is shown that               
          there was a reasonable cause and that the taxpayer acted in good            
          faith.  See sec. 6664(c).  The determination of whether a                   
          taxpayer acted with reasonable cause and in good faith depends              
          upon the facts and circumstances of each particular case.  See              
          sec. 1.6664-4(b)(1), Income Tax Regs.  The burden of proof is               
          upon the taxpayer.  See Rule 142(a).                                        
               The individual petitioners have not established that their             
          underpayment was due to reasonable cause or that they acted in              
          good faith.  To the contrary, the record is clear that                      
          petitioners engaged in a scheme to divert substantial sums of               
          their wage income to Crestmark, which then claimed business                 
          expenses for their personal living expenses, such as home                   
          improvements, country club dues, and meals.                                 







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