- 17 - P&G’s NOL should be reduced by the amounts that would have been absorbed by the carryback of the losses to pre-loss years.6 III. Accuracy-Related Penalty Under Section 6662 Respondent also determined that petitioner was negligent and liable for a penalty under section 6662(a) and (b)(1) for the year at issue. Section 6662(a) and (b)(1) imposes an accuracy- related penalty equal to 20 percent of an underpayment that is attributable to negligence or disregard of rules or regulations. Negligence has been defined as a “lack of due care or a failure to do what a reasonable person would do under the circumstances.” Leuhsler v. Commissioner, 963 F.2d 907, 910 (6th Cir. 1992), affg. T.C. Memo. 1991-179. Respondent’s determination of negligence is presumed correct, and petitioner bears the burden of showing that respondent’s determination is erroneous. See Rule 142(a). Therefore, petitioner must prove that it was not negligent; i.e., that it made a reasonable attempt to comply with the provisions of the Internal Revenue Code and that it was not careless, reckless, or in intentional disregard of rules or regulations. See sec. 6662(b) and (c). We find that petitioner was negligent for deducting the advanced litigation costs as ordinary and necessary business expenses and 6 To the extent we have not addressed certain other arguments made by petitioner, we found them to be wholly without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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