Charles and Beatrice M. Reynolds - Page 42




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         533 (1976), affd. 591 F.2d 1273 (9th Cir. 1978); Mitchell v.                 
         Commissioner, 42 T.C. 953, 968 (1964); Starr v. Commissioner, T.C.           
         Memo. 1995-190, affd. without published opinion 99 F.3d 1146 (9th            
         Cir. 1996).                                                                  
         Issue 8.  Accuracy-Related Penalty                                           
              Respondent determined that for both 1993 and 1994,                      
         petitioners underpaid a portion of their income taxes because of             
         negligence or intentional disregard of rules or regulations.                 
         Section 6662 imposes a penalty equal to 20 percent of the portion            
         of the underpayment attributable to negligence or disregard of               
         rules or regulations.  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, and the term “disregard” includes any careless, reckless, or           
         intentional disregard.  Sec. 6662(c).                                        
              The accuracy-related penalty will apply unless petitioners              
         demonstrate that there was reasonable cause for the underpayment             
         and that they acted in good faith with respect to the                        
         underpayment.  See sec. 6664(c).  Section 1.6664-4(b)(1), Income             
         Tax Regs., specifically provides:  “Circumstances that may                   
         indicate reasonable cause and good faith include an honest                   
         misunderstanding of fact or law that is reasonable in light of the           
         experience, knowledge and education of the taxpayer.”                        
              One of petitioners is a supervisory revenue agent with the              





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