Edward R. Stolz II - Page 11




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          (b) of section 6662 then provides that among the causes                     
          justifying imposition of the penalty are: (1) Negligence or                 
          disregard of rules or regulations and (2) any substantial                   
          understatement of income tax.                                               
               “Negligence” is defined in section 6662(c) as “any failure             
          to make a reasonable attempt to comply with the provisions of               
          this title”, and “disregard” as “any careless, reckless, or                 
          intentional disregard.”  Case law similarly states that                     
          “Negligence is a lack of due care or the failure to do what a               
          reasonable and ordinarily prudent person would do under the                 
          circumstances.”  Freytag v. Commissioner, 89 T.C. 849, 887 (1987)           
          (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir.              
          1967), affg. on this issue 43 T.C. 168 (1964) and T.C. Memo.                
          1964-299)), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.             
          868 (1991).  A “substantial understatement” is declared by                  
          section 6662(d)(1) to exist where the amount of the                         
          understatement exceeds the greater of 10 percent of the tax                 
          required to be shown on the return for the taxable year or                  
          $5,000.                                                                     
               An exception to the section 6662(a) penalty is set forth in            
          section 6664(c)(1) and reads: “No penalty shall be imposed under            
          this part with respect to any portion of an underpayment if it is           
          shown that there was a reasonable cause for such portion and that           
          the taxpayer acted in good faith with respect to such portion.”             






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