Quantum Company Trust - Page 19




                                       - 19 -                                         
          was to ensure that the Nortons would not strip down the value of            
          the bank’s lien on the property by failing to remedy environmental          
          hazards.)  The $15,000 deposit into the controlled savings account          
          did not pay environmental cleanup costs. Thus, we sustain                   
          respondent’s determination on this issue.                                   
          Issue 5.   Section 6662(a) Accuracy-Related Penalty                         
               The final issue is whether the Nortons are liable for the              
          section 6662(a) accuracy-related penalty.                                   
               Section 6662 imposes a penalty equal to 20 percent of any              
          portion of an understatement that is attributable to negligence or          
          disregard of rules or regulations or substantial underpayment of            
          tax.  See sec. 6662(a) and (b)(1).  “Negligence” includes any               
          failure of the taxpayer to make a reasonable attempt to comply with         
          the provisions of the Code, and “disregard” includes any careless,          
          reckless, or intentional disregard of rules and regulations.  Sec.          
          6662(c).  The accuracy-related penalty will be imposed unless the           
          taxpayers can demonstrate that there was reasonable cause and they          
          acted in good faith with respect to the underpayment. See sec.              
          6664(c)(1).  In determining the applicability of section                    
          6664(c)(1), we weigh the particular facts and circumstances of each         
          case.  See sec. 1.6664-4(b), Income Tax Regs.  One of the most              
          important factors that we take into account is the extent of the            
          taxpayer’s effort to assess the proper tax liability.  See id.              








Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011