Ronald M. Brooke - Page 6




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          Advocate General (JAG) officer hired to help U.S. service                   
          personnel living in Germany prepare their tax returns, who told             
          him that he was not liable for the AMT.                                     
               Section 6662(a) imposes an accuracy-related penalty of 20              
          percent on any portion of an underpayment of tax that is                    
          attributable to items set forth in section 6662(b).  Respondent             
          contends that petitioner was negligent with respect to his                  
          understatement of tax.  Negligence includes any careless,                   
          reckless, or intentional disregard of rules and regulations, any            
          failure to make a reasonable attempt to comply with the                     
          provisions of the law, and any failure to exercise ordinary and             
          reasonable care in the preparation of a tax return.  See Zmuda v.           
          Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C.            
          714 (1982).  To prevail on the issue of negligence, petitioner              
          must prove that his actions in connection with this transaction             
          were reasonable in light of his experience and business                     
          sophistication.  See Hoffpauir v. Commissioner, T.C. Memo.                  
          1996-41; Avellini v. Commissioner, T.C. Memo. 1995-489.  If a               
          taxpayer acts in good faith and with reasonable cause, he or she            
          will not be liable for the addition to tax for negligence.  See             
          sec. 6664(c); Collins v. Commissioner, 857 F.2d 1383, 1386 (9th             
          Cir. 1988), affg. Dister v. Commissioner, T.C. Memo. 1987-217.              
          Petitioner has no tax or accounting background beyond helping               
          fellow service personnel read Internal Revenue Service forms.               






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