Emmanuel I. Nwachukwu - Page 14




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          not remember what these items were.                                         
               On the basis of these facts, we find that petitioner has not           
          met his burden of proving that he expended the amount he claimed            
          as a job-search expense.  Respondent is sustained on this issue.            
          Issue 5.  Accuracy-Related Penalty                                          
               Finally, we must decide whether petitioner is liable for the           
          accuracy-related penalty under section 6662(a).  Section 6662               
          imposes a penalty equal to 20 percent of the portion of the                 
          underpayment that is attributable to negligence or disregard of             
          rules or regulations.  See sec. 6662(a) and (b)(1).                         
               For purposes of this section, the term "negligence" includes           
          any failure to make a reasonable attempt to comply with the                 
          provisions of the internal revenue laws, a failure to exercise              
          ordinary and reasonable care in the preparation of a tax return,            
          and a failure to keep adequate books and records or to                      
          substantiate items properly.  See sec. 1.6662-3(b)(1), Income Tax           
          Regs.  Negligence is defined as a lack of due care or failure to            
          do what a reasonable and ordinarily prudent person would do under           
          the circumstances.  See Zmuda v. Commissioner, 731 F.2d 1417,               
          1422 (9th Cir. 1984), affg. 79 T.C. 714 (1982); Neely v.                    
          Commissioner, 85 T.C. 934, 947 (1985).  The term "disregard"                
          includes any careless, reckless, or intentional disregard of the            
          rules or regulations.  See sec. 6662(c).                                    
               Just as with respondent's deficiency determination, his                






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