- 8 - apply, and an attribution rule in section 469 is consistent with that section and its legislative history. Id. at 223-229. The same result follows here. Because Dr. Connor could, and did, materially participate in the dental activity of his personal service corporation, the recharacterization rule of section 1.469-2(f)(6), Income Tax Regs., operates during the subject years to characterize petitioners' income from the Lease as nonpassive. We sustain respondent's determination on this issue. Finally, we must decide whether petitioners are liable for accuracy-related penalties for the years in issue. Section 6662(a) imposes an accuracy-related penalty in the amount of 20 percent of the portion of an underpayment of tax attributable to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Negligence is any failure to make a reasonable attempt to comply with the provisions of the Internal Revenue laws. Sec. 6662(c); sec. 1.6662-3(b)(1), Income Tax Regs. Moreover, negligence is the failure to exercise due care or the failure to do what a reasonable and prudent person would do under the circumstances. Neely v. Commissioner, 85 T.C. 934, 947 (1985). Disregard includes any careless, reckless, or intentional disregard of rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. Under section 6664(c), no penalty will be imposed with respect to any portion of any underpayment if it is shown thatPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011