Gerald and Kathleen Chamales - Page 19




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          Issue 2.  Accuracy-Related Penalty                                          
               Section 6662(a) and (b)(1) imposes an 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.”  Case law similarly states that                     
          “Negligence is a lack of due care or the failure to do what a               
          reasonable and ordinarily prudent person would do under the                 
          circumstances.”  Freytag v. Commissioner, 89 T.C. 849, 887 (1987)           
          (quoting Marcello v. Commissioner, 380 F.2d 499, 506 (5th Cir.              
          1967), affg. on this issue 43 T.C. 168 (1964) and T.C. Memo.                
          1964-299), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S.              
          868 (1991).                                                                 
               An exception to the section 6662(a) penalty is set forth in            
          section 6664(c)(1) and provides:  “No penalty shall be imposed              
          under this part with respect to any portion of an underpayment if           
          it is shown that there was a reasonable cause for such portion              
          and that the taxpayer acted in good faith with respect to such              
          portion.”  The taxpayer bears the burden of establishing that               
          this reasonable cause exception is applicable, as the                       
          Commissioner’s determination of an accuracy-related penalty is              
          presumed correct.  See Rule 142(a).                                         






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