- 31 - petitioners’ claim that they are entitled to a capital loss under either section 165(f) or 165(g). Are Petitioners Liable for the Accuracy-Related Penalties Under Section 6662? Respondent determined that petitioners’ underpayment of tax was due to negligence or intentional disregard of rules or regulations and that, therefore, they are liable for the accuracy-related penalty under section 6662. Petitioners dispute this determination, claiming that they relied upon the advice of their accountant in reporting the moneys paid on Schedules C to their returns and that the accountant’s advice was rendered after the accountant researched applicable tax law. Section 6662(a) authorizes the imposition of a penalty equal to 20 percent of an underpayment attributable to negligence or disregard of rules or regulations. See sec. 6662(a) and (b)(1). For purposes of section 6662, the term negligence includes any failure (1) “to make a reasonable attempt to comply with the provisions of * * * [the Internal Revenue Code]”, sec. 6662(c), (2) “to exercise ordinary and reasonable care in the preparation of a tax return”, sec. 1.6662-3(b)(1), Income Tax Regs., and (3) “to keep adequate books and records or to substantiate items properly”, id. The term disregard includes “any careless, reckless, or intentional disregard” of rules or regulations. Sec. 6662(c); sec. 1.6662-3(b)(2), Income Tax Regs. SectionPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011