- 11 - the years in issue. Respondent determined that petitioner was liable for an accuracy-related penalty, under section 6662(a) and (b)(1) or (2), for negligence or intentional disregard of rules and regulations or substantial understatement of income tax. Petitioner argues that it is not so liable. Petitioner asserts that a certified public accountant prepared its returns and that the accountant had access to all of the materials now before the Court. Petitioner argues that it reasonably relied on professional advice in preparing its returns and therefore should not be held liable for the accuracy-related penalty. Section 6662(a) imposes a 20-percent accuracy-related penalty on the portion of an underpayment that is due to one or more of the causes enumerated in section 6662(b). Respondent relies on subsections (b)(1) (negligence or intentional disregard of rules or regulations) and/or (b)(2) (substantial understatement of income tax). Negligence includes a failure to attempt reasonably to comply with the Code. See sec. 6662(c). Disregard includes a careless, reckless, or intentional disregard. See id. A substantial understatement of income tax is defined to be the greater of 10 percent of the income tax required to be shown on the return for the taxable year or $5,000. See sec. 6662(d). In the instant case $5,000 is the greater amount forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011