Sklar, Greenstein & Scheer, P.C. - Page 16




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          that petitioner's payment of litigation costs related to these              
          individuals was ordinary and necessary to petitioner's business             
          or was made by petitioner in connection with the plan.  To the              
          contrary, the only evidence regarding petitioner's motive for               
          paying the litigation costs is that all claimants lacked the                
          necessary funds.  This motive was not proximately related to the            
          plan or to petitioner's trade or business, and the expense was              
          neither ordinary nor necessary.  We sustain respondent's                    
          determination to the extent of $61,317.                                     
               Respondent determined petitioner is liable for the                     
          accuracy-related penalty under section 6662(a) and (b)(1) for the           
          year in issue.  That section imposes a penalty equal to 20                  
          percent of the portion of an underpayment that is attributable              
          to, among other things, negligence.  Petitioner will avoid this             
          penalty if the record shows that it was not negligent; i.e., it             
          made a reasonable attempt to comply with the provisions of the              
          Internal Revenue Code, and it was not careless, reckless, or in             
          intentional disregard of rules or regulations.  See sec. 6662(c);           
          Accardo v. Commissioner, 942 F.2d 444, 452 (7th Cir. 1991), affg.           
          94 T.C. 96 (1990); Drum v. Commissioner, T.C. Memo. 1994-433,               
          affd. without published opinion 61 F.3d 910 (9th Cir. 1995).                
          Negligence connotes a lack of due care or a failure to do what a            
          reasonable and prudent person would do under the circumstances.             
          See Allen v. Commissioner, 92 T.C. 1 (1989), affd. 925 F.2d 348             





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