- 14 - Section 6662(a) The last issue for decision is whether petitioner is liable for a penalty pursuant to section 6662(a). Section 6662(a) imposes a penalty of 20 percent of the portion of the underpayment which is attributable to negligence or disregard of rules or regulations. See sec. 6662(b)(1). Negligence is the lack of due care or failure to do what a reasonable and ordinarily prudent person would do under the circumstances. See Neely v. Commissioner, 85 T.C. 934, 947 (1985). The term "disregard" includes any careless, reckless, or intentional disregard. Sec. 6662(c). No penalty shall be imposed if it is shown that there was reasonable cause for the underpayment and the taxpayer acted in good faith with respect to the underpayment. See sec. 6664(c). At trial, petitioner failed to establish that he acted in good faith with respect to his 1995 underpayment. Petitioner failed to comply with section 183 and disregarded rules and regulations by deducting excessive losses for the 1995 tax year. On the basis of the record, we hold that petitioner is liable for the accuracy-related penalty under section 6662(a). To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011