- 33 -
failed to show that Mr. McDaniel was not discharged in 1994 from
that guaranty.7
Section 6662(a) imposes an addition to tax equal to 20
percent of the underpayment of tax attributable to, inter alia,
negligence or disregard of rules or regulations under section
6662(b)(1). For purposes of section 6662(a), the term "neg-
ligence" includes any failure to make a reasonable attempt to
comply with the Code, and "disregard" includes any careless,
reckless, or intentional disregard. See sec. 6662(c). Neg-
ligence has also been defined as a lack of due care or a failure
to do what a reasonable person would do under the circumstances.
See Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992),
affg. T.C. Memo. 1991-179; Antonides v. Commissioner, 91 T.C.
686, 699 (1988), affd. 893 F.2d 656 (4th Cir. 1990); Neely v.
Commissioner, 85 T.C. 934, 947 (1985).
The accuracy-related penalty under section 6662(a) does not
apply to any portion of an underpayment if it is shown that there
was reasonable cause for, and that the taxpayer acted in good
faith with respect to, such portion. See sec. 6664(c)(1). The
determination of whether a taxpayer acted with reasonable cause
and in good faith depends upon the pertinent facts and circum-
7 We have considered all of the contentions of petitioners
that are not discussed herein, and we find them to be without
merit and/or irrelevant.
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