Thomas E. Hogan, III and Sheila M. Hogan - Page 9




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          Commissioner, T.C. Memo. 1998-38.  Respondent's determination as             
          to the addition to tax under section 6651(a)(1) for 1992 is                  
          sustained.                                                                   
               Respondent also determined that petitioners are liable for              
          accuracy-related penalties under section 6662(a) for 1991 and                
          1992 for negligence.  Section 6662(a) provides that "there shall             
          be added to the tax an amount equal to 20 percent of the portion             
          of the underpayment to which this section applies."  Section 6662            
          applies to "the portion of any underpayment which is attributable            
          to", inter alia, negligence or disregard of the rules or                     
          regulations.  Sec. 6662(b)(1).  Negligence "includes any failure             
          to make a reasonable attempt to comply with the provisions * * *             
          [of the Internal Revenue Code], and the term 'disregard' includes            
          any careless, reckless, or intentional disregard."  Sec. 6662(c).            
          Respondent determined the accuracy-related penalties under                   
          section 6662(a) for 1991 and 1992 based on petitioner's failure              
          to review carefully the availability of the claimed losses from              
          EBS.                                                                         
               Petitioners claim they employed a new accountant to compute             
          their 1991 and 1992 Federal income taxes.  In some circumstances             
          reliance upon a qualified return preparer may alleviate a                    
          taxpayer's liability for penalties.  See sec. 1.6664-4(b)(1),                
          Income Tax Regs.; see also Ewing v. Commissioner, 91 T.C. 396,               
          423-424 (1988), affd. without published opinion 940 F.2d 1534                






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