James P. Shea and Patricia H. Shea - Page 31




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          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.  Section                






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