- 48 - therein. See Powell v. Commissioner, supra. Gabriel, however, has failed to establish that he paid the $1,543 he claimed as a deduction for property taxes on his 1996 return. Although a payment in this amount was made from the household checking account in 1996, Gabriel has failed to establish the extent to which these funds are attributable to him. Moreover, the record supports a determination that he was reimbursed by his cotenants. Accordingly, we uphold respondent’s determinations with respect to petitioners’ deductions for property tax. Section 6662(a) Penalties Finally, we address the accuracy-related penalties of section 6662(a). Section 6662(a) and (b)(1) provides that if any portion of an underpayment of tax is attributable to negligence or disregard of rules or regulations, then there shall be added to the tax an amount equal to 20 percent of the amount of the underpayment that is so attributable. “Negligence” includes any failure to make a reasonable attempt to comply with the statute, and “disregard” includes any careless, reckless, or intentional disregard. See sec. 6662(c). We have further defined negligence as the failure to exercise the due care that a reasonable and ordinarily prudent person would employ under the same circumstances. See Neely v. Commissioner, 85 T.C. 934, 947 (1985).Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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