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evidence that any exception applies in this case. Accordingly,
we sustain respondent’s determination as to the section 72(t)
additional tax.
Issue 3. Addition to Tax for Negligence.
Respondent determined that petitioner is liable for the
negligence accuracy-related penalty under section 6662(a). That
section imposes an accuracy-related penalty equal to 20 percent
of the portion of an underpayment that is attributable to
negligence. Petitioner will avoid this penalty if the record
shows that he made a reasonable attempt to comply with the
provisions of the Internal Revenue Code, and that he 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). The negligence accuracy-related penalty is
inapplicable to any portion of an underpayment to the extent that
an individual has reasonable cause for that portion and acts in
good faith with respect thereto. See sec. 6664(c)(1). Such
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