- 6 - to deduct unpaid expenses if the party to whom the expenses were paid is in constructive receipt. We find this argument meritless and hold petitioner may not deduct the unpaid wages.2 We sustain respondent's determination. Respondent determined petitioner is liable for the accuracy-related penalty under section 6662(a) and (b)(1) for both years 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 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 (9th Cir. 1991); Neely v. Commissioner, 85 T.C. 934, 947 (1985). 2Petitioner's argument is rendered particularly meritless by the fact that the Foriers apparently did not believe they were in "constructive receipt" of the wages when accrued by petitioner since they did not include the wages in income until actually paid.Page: Previous 1 2 3 4 5 6 7 Next
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