- 33 - accuracy-related penalty in the amount of 20 percent of any underpayment that is attributable to negligence or disregard of rules or regulations. “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.” Section 1.6662-3(b)(1), Income Tax Regs., further explains: “Negligence is strongly indicated where-- * * * (ii) A taxpayer fails to make a reasonable attempt to ascertain the correctness of a deduction, credit or exclusion on a return which would seem to a reasonable and prudent person to be ‘too good to be true’ under the circumstances”. Case law similarly states that negligence is “the failure to exercise the due care of a reasonable and ordinarily prudent person under like circumstances.” Sanders v. Commissioner, T.C. Memo. 1999-208; see also Neely v. Commissioner, 85 T.C. 934, 947 (1985). The taxpayer bears the burden of establishing that he or she was not negligent, had reasonable cause for the underpayment, and acted in good faith. See sec. 6664(c)(1); Neely v. Commissioner, supra at 947; Sanders v. Commissioner, supra. Here, petitioners do not aver any specific facts to rebut respondent’s finding of negligence other than that the amounts reported were uncontested. This assertion fails to meet petitioners’ burden of showing that the treatment of thesePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011