-21- C. Accuracy-Related Penalty Under Section 6662 Respondent determined that petitioner was liable for the accuracy-related penalty for negligence under section 6662(a) and (c) for 1990 and 1991. Respondent now concedes that petitioner is not liable for the negligence penalty for 1990 and 1991 except for any deficiencies related to petitioner's depreciation of the addition. Section 6662(b)(1) imposes a 20-percent penalty on the portion of an underpayment attributable to negligence. Negligence includes a failure to make a reasonable attempt to comply with the Internal Revenue Code or to exercise ordinary and reasonable care in that respect. See sec. 6662(c). Petitioner bears the burden of proving that she was not liable for the accuracy-related penalty imposed by section 6662(a). See Rule 142(a). Respondent contends that petitioner was negligent because the returns Richardson prepared included a deduction for depreciation of parts of her residence despite the income limits of section 280A and contained an allocation of 95 percent of the costs of the addition to business. We disagree. Good faith reliance on the advice of a competent, independent tax professional may offer relief from the imposition of the addition to tax for negligence. See United States v. Boyle, 469 U.S. 241, 251 (1985); Leonhart v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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