Gabriel M. Daya, et al. - Page 48




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          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).                                                                     






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