- 40 - Penalty for Negligence or Disregard of Rules or Regulations Because we find that petitioners are not liable for the fraud penalty under section 6663(a), we must consider whether they are liable for the accuracy-related penalty under section 6662(a) for 1992, 1993, and 1994, which respondent determined as an alternative to fraud. Section 6662 imposes a penalty equal to 20 percent of any portion of an underpayment of tax that is attributable to negligence or disregard of rules or regulations. See sec. 6662(a) and (b). The term “negligence” is defined as “any failure to make a reasonable attempt to comply with the provisions of [title 26 of the United States Code]”. Sec. 6662(c). This includes any failure to exercise due care or to do what a reasonable and ordinarily prudent person would do under the circumstances. See Rybak v. Commissioner, 91 T.C. 524, 565 (1988); Neely v. Commissioner, 85 T.C. 934, 947 (1985). The term “disregard” includes any careless, reckless, or intentional disregard. Sec. 6662(c). Petitioners bear the burden of proving that respondent’s determination of negligence is erroneous. See Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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