Don D. Coffman and Debra Coffman - Page 12




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          Section 6662(a)                                                             
               Section 6662(a) imposes a penalty of 20 percent on any                 
          portion of an underpayment of tax that is attributable to                   
          negligence or disregard of rules or regulations.  See sec.                  
          6662(a) and (b)(1).  “Negligence” is defined as any failure to              
          make a reasonable attempt to comply with the provisions of the              
          Internal Revenue Code, to exercise ordinary and reasonable care             
          in the preparation of a tax return, and to keep adequate books              
          and records, or to substantiate items properly.  See sec. 1.6662-           
          3(b)(1), Income Tax Regs.  The term “disregard” includes any                
          careless, reckless, or intentional disregard of rules or                    
          regulations.  See sec. 6662(c).                                             
               Section 6664(c) provides that the penalty under section                
          6662(a) shall not apply to any portion of an underpayment if it             
          is shown that there was reasonable cause for the taxpayer’s                 
          position with respect to that portion and that the taxpayer acted           
          in good faith with respect to that portion.  See sec. 6664(c)(1).           
          The determination of whether a taxpayer acted with reasonable               
          cause and good faith within the meaning of section 6664(c)(1) is            
          made on a case-by-case basis, taking into account all the                   
          pertinent facts and circumstances.  See sec. 1.6664-4(b)(1),                
          Income Tax Regs.                                                            
               Taxpayers are required to keep adequate books and records              
          sufficient to establish the amount of deductions and other items            





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