Paul F. Dickie - Page 12




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          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.                                       
               No penalty will be imposed with respect to any portion of              
          any underpayment if it is shown that there was a reasonable cause           
          for such portion and that the taxpayer acted in good faith with             
          respect to such portion.  Sec. 6664(c).  Where the taxpayer                 
          claims reliance on an accountant who prepared the taxpayer's                
          return, the taxpayer must establish that the correct information            
          was provided to the accountant and that the item incorrectly                
          claimed or reported in the return was the result of the                     
          accountant's error.  Ma-Tran Corp. v. Commissioner, 70 T.C. 158,            
          173 (1978); Enoch v. Commissioner, 57 T.C. 781, 803 (1972).                 
               Petitioner did not keep any records of his purported music             
          business and he did not have a separate bank account.  He did not           
          carry on this activity in businesslike fashion, as we detailed              
          above.  Other than asserting that he relied on the advice of his            
          accountant, petitioner presented no testimony or other evidence             





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