Karl T. and Kathleen S. Harvey - Page 7




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          of their personal expenses during the taxable years in issue.  We            
          hold that respondent's determinations are sustained.                         
          2.  Accuracy-Related Penalties                                               
               The second issue for decision is whether petitioners are                
          liable for the section 6662(a) accuracy-related penalties for the            
          taxable years in issue.  Respondent's determinations of                      
          negligence are presumed to be correct, and petitioners bear the              
          burden of proving that the penalties do not apply.  Rule 142(a);             
          Welch v. Helvering, 290 U.S. 111, 115 (1933); Bixby v.                       
          Commissioner, 58 T.C. 757, 791-792 (1972).                                   
               Section 6662(a) imposes a 20-percent penalty on the portion             
          of an underpayment attributable to any one of various factors,               
          one of which is negligence or disregard of rules or regulations.             
          Sec. 6662(b)(1).  Respondent determined that petitioners are                 
          liable for accuracy-related penalties imposed by section 6662(a)             
          for the underpayments of tax for 1992, 1993, and 1994 because                
          such underpayments were due to negligence or disregard of rules              
          or regulations.  "Negligence" includes a failure to make a                   
          reasonable attempt to comply with the provisions of the Internal             
          Revenue laws or to exercise ordinary and reasonable care in the              
          preparation of a tax return.  Sec. 6662(c); sec. 1.6662-3(b)(1),             
          Income Tax Regs.  "Disregard" includes any careless, reckless, or            
          intentional disregard of rules or regulations.  Sec. 6662(c);                
          sec. 1.6662-3(b)(2), Income Tax Regs.                                        
               Section 6664(c)(1), however, provides that the penalty under            
          section 6662(a) shall not apply to any portion of an underpayment            


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